Registration of a trademark for entrepreneurs and organizations in Belarus
In the Republic of Belarus, any individual and legal entity is entitled to register a symbol as a trademark: graphic image, verbal, digital color combinations, volumetric elements, slogans that will distinguish the offered goods and services from similar ones on the market.
Registration of a trademark is possible only at the State Institution “National Center for Intellectual Property”.
There are two procedures for granting trademark protection:
a trademark is registered in accordance with Belarusian law;
a trademark is registered in accordance with international treaties of the Republic of Belarus.
Intellectual property – logo, sign, stamp, word
A trademark may be:
verbal designations: proper names, slogans, institution names, labels, logos;
digital, letter, color combinations and combinations;
volumetric objects and notation;
Images;
a combination of all or any of the above characters.
Prior to registration of a trademark, it will not be amiss to check the identity, since in case of refusal of the State Institution “NTsIS” in the registration of a trademark due to identity, fees will not be returned.
Why register a company logo (brand) as a trademark?
Registration of a company logo (brand) is made in order to stand out among similar competitive products and services, as well as to protect the logo / brand of your business from being used by competitors for their own purposes.
Who can register a trademark (be the copyright holder)
The right to register a trademark is:
any natural person;
organization;
union;
association;
other associations of legal entities.
Key Benefits of a Registered Trademark
Monopoly of Owner Rights
According to the results of registration of a trademark, a certificate is issued that confirms the exclusive right to use it.
Violation protection
Registered trademark is protected by law. In case of violations, the copyright holder may apply to law enforcement agencies, courts for protection.
Product quality assurance
The presence of a trademark of a famous brand guarantees customers the quality of goods and services. The trademark holder confirms compliance with high requirements in the production of goods and the provision of services.
Effective promotion
A trademark is a profitable investment in advertising your business, as it is protected by law and cannot be used by competitors to promote their products.
Inclusion of a registered trademark in print, advertising sign
A trademark may be included in the seal by the copyright holder and used in advertising materials.
Trademark registration procedure and steps
Registration of a trademark is performed in the following order:
Preparation and filing of an application to the State Institution “National Center for Intellectual Property” by an individual, organization or patent attorney. If the applicant lives in the territory of a foreign state, then the registration of a trademark in the Republic of Belarus is performed by a patent attorney.
Preliminary examination: 2 months. During this period, submitted documents are checked – their composition, correct execution, payment of fees. It may be proposed to amend the documents. According to the results of the preliminary examination, the State Institution “NTsIS” either accepts the application or refuses to consider it.
Examination of the claimed designation is carried out within 2 years from the date of acceptance of the application. During this period, the claimed designation is checked for compliance with the requirements of the law and the priority of TK is established.
Based on the results of this examination, a positive decision on the registration of a trademark may be made, and registration may be refused. In case of refusal of registration, the applicant shall have the right to file a request for a repeated examination of the claimed designation. Such an application may be filed within 3 months from the date of receipt of the decision to refuse registration.
Based on the decision of the State Institution “NTsIS” on the registration of a trademark and after receiving information about the payment of the fee, the patent office registers TK in the State Register of Trademarks and Service Marks of the Republic of Belarus.
A certificate of registration of a trademark is issued to the applicant within a month from the date of registration in the register.
Documents required for registration of a trademark:
An application for registration of a trademark, which should contain: the trademark itself, a list of services or goods, the applicant’s data (citizenship, place of residence / location).
Proof of payment of patent fees
When applying for a patent attorney – power of attorney.
Regulation on a collective mark – upon registration of a collective trademark.
A copy of the application, certified by a notary – upon registration of TK in accordance with the Paris Convention for the Protection of Industrial Property.
Registration Decision
The decision on the registration of a trademark is made by the State Institution “NTsIS” after a preliminary examination and examination of the claimed designation.
Registration certificate
A certificate of registration of a trademark is issued within a month from the date of registration in the State Register of Trademarks and Service Marks of the Republic of Belarus.
Trademark registration term
A trademark is registered for a period of 10 years.
Extension of TK
If it is necessary to extend the term for registration of a trademark, the application must be submitted within the last year of the ToR. The registration period may be extended by 10 years. The number of such extensions is not limited by law.
International trademark registration in Belarus
The international registration of a trademark in Belarus can be performed by the State Institution “NCIS” only if the TK has passed the national registration. International registration of TK is necessary when the applicant plans to enter the markets of foreign countries. When carrying out activities within Belarus, a national registration is sufficient.
The cost of registering a trademark in Belarus
Patent Fees:
38 basic units for filing an application and conducting an examination of the designation for Class 1 of the International Classification of Goods and Services;
for each additional class over 1 – + 5 base units;
for registration of TK and issuance of certificate – 19 basic units.
