Trademark registration in Belarus

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Verbal marks, letter notations, numeric designations, pictorial designations, three-dimensional designations, colour, combined designations.

2) THE REGISTRATION PROCESS

1. Submission of an application on paper to the patent office or through the AIS "Electronic Application Submission";

2. Preliminary examination of the trademark registration application;

3. Examination of the proposed designation;

4. Registration of the trademark in the State Register of Trademarks and Service Marks of the Republic of Belarus;

5. Issuance of a trademark registration certificate.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

In an accelerated procedure, the patent office can carry out accelerated preliminary examination, examination of the proposed designation, trademark registration, and issuance of the certificate. Additional fees to the mandatory patent fee are required for each stage of trademark registration.

4) TRADEMARK REGISTRATION TIMELINE

Standard trademark registration takes 1 year from the date of filing the application.

Accelerated trademark registration takes 1 to 2 months from the date of filing the application.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

The registration of a trademark remains valid for 10 years from the date of application. After this period, it can be renewed indefinitely in successive 10-year increments upon application by the rights holder.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, using a trademark during its registration is allowed, but one should consider the risks of trademark registration refusal, infringement of another trademark's exclusive rights, and the potential for brand squatting.

7) TERMS OF TRADEMARK USE

Trademarks can be applied to goods, their packaging, labels, documentation related to the introduction of goods into civil circulation, during the provision of services or performance of work, in advertising materials, and online.

Entities in Belarus have the right to use a trademark that has been lawfully introduced into civil circulation within the Eurasian Economic Union, either directly by the rights holder or with their consent by another party.

To use a trademark for which another person holds exclusive rights, written consent from that person is necessary.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

The rights holder has the right to assert the following demands in case of infringement of their rights:

• cease the use of the trademark;
• reimburse the rights holder for any losses incurred;
• remove counterfeit goods, labels, and packaging from circulation and destroy them;
• delete the trademark or any confusingly similar designations from documentation, advertising, and signage;
• pay compensation to the rights holder ranging from 1 to 50000 base amounts (approximately 12 to 60000 euros) instead of reimbursing losses.

Author: Anton Mazol