Elena Beliaeva, Nina Vasilieva & Partners

Intellectual property registration
Trademarks, service marks

Trademark Registration and Protection in Belarus

Main requirements for Belarus trademark registration.

In accordance with the Trademark Law trademarks, service marks and collective trademarks may be protected in the Republic of Belarus. The trademark may be registered in the name of a legal entity or in the name of a natural person. The application shall relate to the particular list of goods and services and relate to one trademark only. The rights for a trademark are certified by the Trademark Certificate. The trademark is registered for 10 years and may be renewed.

In Belarus multi-class applications are allowed, however the fee will vary, for instance the fee for the Trademark Registration allows to include up to 3 classes into the application, extra fee is collected for each additional class over three classes.

Belarus trademark registration - Filing requirements

  1. Applicant data
  2. Priority application data (if convention priority is claimed)
  3. List of goods/services
  4. Representation of the mark
  5. Power of attorney* may be filed subsequently.

Requirements for POA provision

  1. the POA should be signed by the head of the legal entity, issuing the POA, affixing the company seal;
  2. in the event the POA is signed not be the head, but by the other authorized person (for example: attorney-in-fact), the full powers of the said person for the POA signing should be certified by the Notary Public.

Procedure of Belarus trademark registration obtaining

Please note that once an application is filed, it will be examined. The examination includes the preliminary and substantive examination of the claimed mark. The term of the preliminary examination is two months since the application filing date to the PTO of Belarus. According to the results of the preliminary examination Decision about acceptance /refusal of an application for substantive examination is made. The term of the substantive examination is approximately three years since the application filing date.

According to the results of the substantive examination Decision about Trademark registration and issuance of the registration certificate or Decision about refusal in registration is made.

On an applicant's instruction (on the assumption of payment of the additional official fee and the attorney's fee) we can file a Request for an accelerated examination after the expiration of six months' term since the application filing date. In this case, it is it is possible to obtain Trademark Certificate within one year.

The preliminary examination shall serve to ensure that the required documents specified in Article 6 of the Trademark Law are all present and that they meet the prescribed requirements, and also that the fees have been paid. During the preliminary examination, the applicant may be invited to supplement, detail or correct the elements of the application. Supplemented, detailed or corrected elements shall be submitted to the Patent Office within three months following the date of receipt of the invitation to do so.

The application process includes only a formal examination, without indication of possible identical or similar trademarks. It takes approximately 8- 24 months before an office action is issued by the trademark authority or registration. After registration the trademark is published in the “Gazette for Industrial Property of the Republic of Belarus”. In Belarus there are no procedures for official consideration of oppositions throughout the process of application and registration.

Absolute Grounds for Refusal of Belarus trademark Registration

Registration of the following trade marks shall not be allowed:

Registration of the trade marks consisting only from designations, representing the state emblems, flags and emblems, official names of the states, flags, emblems and reduced or full names of the international intergovernmental organizations, official control, guarantee and hall-marks, awards and other distinctions or similar to them up to a degree of confusion shall not be allowed. Such designations can be included as unprotected elements in a trade mark upon consent of the appropriate competent body or their owner.

Registration of the following designations as trade marks shall not be allowed:

Warning Notice

The owner of a trademark may add a warning notice alongside the trademark in the form of the Latin letter «R» or «R» within a circle or of the wording «Trademark» or «Registered Trademark» to the effect that the trademark used is a trademark registered in the Republic of Belarus.

Trademark use and consequences of a Belarus Trademark Registration non-use

A trademark registration must be used in order to be safe from revocation. The use of a trademark is the use of a trademark by the owner or by the person to whom such a right is granted under the license agreement through the use of the trademark on goods for which it is registered, as well as on labels, packaging, in a global computer network Internet (including domain name), on the documents related to the introduction of goods into civil circulation, during the performance of work, services or the use of a trademark with the change of its individual elements, not affecting its distinctive character and not limiting the legal protection provided to the trademark.

As use can be recognized an application of a trade mark in advertising, printed editions, on signboards, at demonstration of exhibits at exhibitions and the fairs organized in the Republic of Belarus, at presence of the valid reasons of non-use of a trade mark on the goods or their packing.

Cancellation of a Registered Trademark for Non-Use

In the event the trademark is not used in the aforementioned way it can be cancelled for non-use. In accordance with the Trademark Law of the Republic of Belarus the legal protection of a trademark may be terminated prematurely as a consequence of its continuous non-use for 3 years (for the trademarks registered after January 25, 2010) and 5 years (for the trademarks registered before January 25, 2010).

Контактные данные

Elena Beliaeva, Nina Vasilieva & Partners, LTD
23 Svoboda Square, office 55, 220030 Minsk , Republic of Belarus

Working hours:
Mon-Thu 9.00 – 18.00
Fri 9.00 – 15.00

Telephone/fax:+375 17 327 17 90
Telephone/fax:+375 17 323 05 30
E-mail: office@bvpatent.by