Belarus Trademark Protection System

On February 5, 1993, the first law of the Republic of Belarus on the protection of inventions, designs, and trademarks was passed. On May 16, 1996, the Copyright and Related Rights Law was passed. Nowadays, Belarus’ intellectual property protection and management system consists of multiple levels of legislation and relevant institutions.

Belarus’ laws and regulations comply with the requirements of the Paris Convention for the Protection of Industrial Property and the World Trade Organization’s Agreement on Trade Related Aspects of Intellectual Property Rights, providing protection for intellectual property rights holders both domestically and internationally.

Intellectual property related institutions include the National Intellectual Property Center, the National Patent Foundation, the Association of Patent Lawyers and Intellectual Property Object Appraisers, and various industries have also established consulting service agencies for the protection and management of intellectual property. Legal issues related to intellectual property are handled by the Judicial Committee on Intellectual Property Issues of the Supreme Court of Belarus.

 

NCIP Introduction to the Belarusian Intellectual Property Office

On September 24, 2001, in accordance with Presidential Decree No. 516 of the Republic of Belarus on Improving State Government Institutions and Other State Organizations under the Government of the Republic of Belarus, the National Patent Commission of Belarus was reorganized as the National Intellectual Property Center (NCIP), under the jurisdiction of the National Science and Technology Commission (SCST).

SCST is the national administrative agency of Belarus responsible for implementing government policies in the field of intellectual property legal protection. NCIP is responsible for accepting and reviewing trademark registration applications, issuing valid trademark registration certificates within Belarus, explaining issues in the field of trademark protection, and providing targeted assistance and services to units and individuals.

website：belgospatent.by

address：Республика Беларусь, 220034, г. Минск, ул. Козлова, 20.

Telephone：+375 17 290 44 21（consulting service）

Email：ncip@belgospatent.by

 

Introduction to Trademark Registration in Belarus

3.1 A symbol that can be used as a trademark

According to the Belarusian Law No. 2181-12 of December 5, 1993 on Trademarks and Service Marks (hereinafter referred to as the “Trademark Law”), trademarks and service marks refer to marks that can distinguish the goods or services of the trademark holder from those of others. A trademark can be composed of the following:

1. Text, including proper names;
2. Color combination;
3. A sign composed of letters, numbers, graphics, and three-dimensional symbols (including the shape of the product’s packaging); as well as
4. The combination of the above items.

If there are provisions in Belarusian law, other signs can also be registered as trademarks. A trademark can be registered in any color or combination of colors.

3.2 Reasons for Rejecting Trademark Registration

According to the Belarusian Trademark Law, a logo cannot be registered as a trademark when the following situations exist:

1. Lack of significance *, unless the symbol has obtained a “second meaning” through use.

*If a symbol lacking distinctiveness is not the subject of the trademark, it can be included as an unprotected part in the trademark.

2. It is widely accepted as a symbol of a certain commodity.
3. Belonging to universal symbols or terms.
4. Contains only markings or indications indicating the type, quality, quantity, nature, purpose, value, as well as the location, time, and process of manufacturing or selling the specified goods.
5. The form of the product or its packaging is completely or mainly determined by the essence or nature of the product, and is necessary for achieving technical effects or product value.
6. Contains only the coat of arms, national flag, and national emblem of the country; The official name of the country; The name, flag, emblem, and abbreviation of international organizations; Official signs and inspection marks indicating the implementation of controls and guarantees; Medals and other similar easily confused badges. If approved by the appropriate regulatory authority or the owner of the logo, the above logo may be included as an unprotected part of the trademark.
7. It is deceptive and can easily mislead the public about the product, origin, and manufacturer.
8. Use or contain the origin name of wine or spirits protected by the Belarusian origin name, for wines or spirits that do not come from that origin.
9. Violation of public order, humanitarian and moral principles.

Other reasons why a trademark cannot be registered include:

1. In the same category of goods, it is identical or similar to a trademark previously registered or with an earlier priority date in an application filed by others; Or in any category of goods, it may be identical or similar to a well-known trademark recognized by Belarus. However, except for those that can provide written consent from the trademark owner mentioned above.
2. The appearance design that enjoys earlier priority rights with others is the same.
3. Names of scientific, literary or artistic works known to Belarus; Using characters from such works or referencing a particular work; Using pre-existing works of art or their fragments without the permission of the rights holder.
4. Using the name of a mass media registered in Belarus without the consent of the founder.
5. Using the surname, first name, pseudonym, emblem, portrait, or copy of a Belarusian celebrity without the consent of the individual or their heirs.

3.3 Trademark exclusive rights

1. The trademark owner has the exclusive right to use and dispose of the trademark, as well as the right to prohibit others from using the trademark.
2. Without the owner’s permission, no one is allowed to use a protected trademark registered in Belarus.
3. Infringement of the rights of the trademark owner refers to the act of manufacturing, using, importing, offering for sale, selling, or introducing the trademark of the owner into civil circulation without permission, or storing or using the infringing trademark for the aforementioned purposes.

3.4 Trademark protection period

　　The protection period of Belarusian trademarks starts from the date of application and lasts for 10 years; This period can be renewed indefinitely, with each renewal extending for 10 years.

 

Trademark Registration Procedure in Belarus

Belarus has joined the Madrid Agreement on the International Registration of Marks and the relevant protocols of the Madrid Agreement on the International Registration of Marks. Chinese applicants can designate Belarus through the Madrid International Registration of Marks or directly submit a Belarusian trademark registration application to NCIP to obtain a Belarusian trademark.

The trademark application documents for Belarus should be written in Belarusian or Russian, submitted in the form approved by SCST, and must include necessary information. If a foreign applicant submits application documents in another language and provides a Belarusian or Russian translation within 2 months, the application date can be calculated from the date of submission. If it is later than 2 months, NCIP will recognize the application date of the trademark based on the date of receipt of the translation.

Foreign applicants who do not have a permanent residence or domicile in Belarus should entrust patent lawyers to handle matters related to trademark application and registration.

4.1 The procedure for submitting a trademark registration application directly to NCIP

1．Submit application

The paper originals of trademark application materials can be sent directly or by mail to NCIP, or copies of the documents can be sent by fax or email. But after sending the documents by fax or email, the applicant must provide the original documents to NCIP within one month and attach a letter explaining the time of sending the fax or email, in order for NCIP to record that time as the time of receiving the application. If the applicant fails to provide the original documents within one month, or if the submitted documents are different from those sent by fax or email, NCIP will record the time of receipt of the original documents as the time of receipt of the application.

According to Regulation No. 1719 of the Council of Ministers of the Republic of Belarus of December 28, 2009, on the approval of procedures for the registration of trademarks and service trademarks and the amendment of several regulations of the Council of Ministers (hereinafter referred to as the “Trademark Registration Procedure”), the trademark registration application should pay attention to or include the following:

(1) The content before “ZA аявка” in the application form shall not be filled in by the applicant.

(2) Fill in the applicant information * in the first column of the application form, which includes:

If the applicant is a company, please provide the full name of the company on the official registration document; The applicant is an individual, please provide their name and paternal name (Patronymic, if applicable).

The applicant’s residential address, mailing address within Belarus (if any), telephone number and fax number (if any), and email address (if any). The mailing address refers to the address for communication within Belarus according to postal regulations, which requires the recipient to provide their telephone (fax) number and email address (if any). If no communication address is specified, all communications will be sent to the applicant’s residential address. When specifying the applicant’s country of residence, the WIPO standard ST. 3 code should be used.

*For foreign applicants, if their country of residence or domicile does not use Cyrillic letters, they can use Latin letters to fill in the above two items.

(3) Fill in the patent lawyer information in the second column of the application form, including the name and father’s name (if any) of the patent lawyer, their registration number, telephone (fax) number, and email address (if any).

(4) If the applicant requests priority, the priority date of the application should be stated in the third column of the application. For example, if priority is required under the Paris Convention for the Protection of Industrial Property, the date, country, and application number of the initial application should be specified; If priority is requested for the exhibition, the opening date and venue of the exhibition should be specified.

(5) Provide a logo pattern within the 8 * 8 cm square in the fourth column of the application form, which can be a computer printed photo, printed pattern, or drawing. The size of the pattern must not be less than 1.5 cm. If the symbol is not applicable to this square form, it can be provided separately as an attachment to the application form. If a three-dimensional trademark is registered, its three-dimensional nature must be explained on a two-dimensional image, and the applicant has the right to mark, for example, the top, bottom, front, or other content on the image. The logo should be presented in the color or color combination required for protection.

For textual symbols, if necessary, the applicant should provide a description of the name to clarify its substantive meaning and characteristics. For example, for a few meaningless letters, explain which abbreviations of words they are, or if they are fictional words; For those that have practical significance but are not written in Belarusian or Russian, they can be explained using transliteration and translation from the Belarusian or Russian alphabet. This type of explanation is only for inspection purposes. If it cannot be filled out directly, it can be submitted as an attachment.

(6) The fifth column of the application form should indicate the attached documents and the corresponding number of sheets for each document.

(7) The sixth column of the application form should indicate the goods or services designated by the trademark. It must be filled in the order of categories specified in the ICGS, and the corresponding Nice classification number must be indicated before each group of goods or services.

(8) The applicant and their patent lawyer should sign the application form.

2. Preliminary Expert Examination

The preliminary examination of trademark applications by NCIP shall be conducted within 2 months from the receipt of application materials, checking whether the application documents are complete, whether the writing is correct, and whether the prescribed fees have been paid.

NCIP may require the applicant to make corrections, supplements, or changes to the application materials. The applicant shall submit the corrected, added, or changed application materials to NCIP within 3 months from receiving the examination comments. If the applicant fails to respond within the prescribed deadline, the application will not be accepted by NCIP.

NCIP will make a decision to accept or reject the trademark application based on the preliminary examination results.

After the application is accepted, the application date and priority date can be confirmed.

3. Expert Examination

If the application documents or the data contained therein do not meet the established requirements, NCIP has the right to require the applicant to provide revised documents within 3 months.

If the applicant requests an extension before the deadline mentioned above, the deadline may be extended for a maximum of 12 months.

If the applicant fails to submit the modifications on time, NCIP will reject the application.

Based on the results of substantive examination, NCIP will make a decision to register or reject the trademark application.

4. Re examination

If the applicant disagrees with the rejection decision made by NCIP, they may submit a request for review of the trademark application to NCIP within 3 months after receiving the decision.

If the applicant requests an extension before the deadline mentioned above, the deadline may be extended for a maximum of 18 months.

The re examination will be conducted within 2 months after NCIP receives the request for re examination.

5. Registration * and Publicity

After receiving the trademark registration payment certificate from the applicant, NCIP will register the trademark in the National Register of Trademarks and Service Marks of the Republic of Belarus within one month and issue the trademark registration certificate within the following month.

Within 3 months after trademark registration, NCIP will publicly disclose information related to the registered trademark in the official gazette.

*At any stage of review before the trademark registration date, the applicant has the right to supplement or correct the application materials on their own. In addition, the applicant may withdraw the application at any stage prior to the date of trademark registration.

For more information, please refer to Law No. 2181-12 of the Republic of Belarus of December 5, 1993, on Trademarks and Service Marks.

 

Introduction to Belarusian Trademark Official Fees

Project	Details and Rates (Unit: Basic Value)
Application and Preliminary Examination	Specify the international classification of Class 1 goods or services	10
	Specify more than one category, starting from the second category	+5/Class
	Review fee	28
Revise Trademark Registration Application Materials	2
Review	10
Register and issue certificates	Trademark	19
	Collective Trademark	57
Continuation	55

 

For more information on relevant regulations, complete rate tables, bank account numbers, sample payment proof documents, etc., please refer to the NCIP official website. The data in the above table has been updated to December 30, 2018.

The basic value of Belarus (Базоваявелиチина) has been revised year by year, and from January 1, 2020, 1 basic value is equal to 27.00 Belarusian rubles. On July 1, 2016, Belarus issued a new version of the ruble. The basic value adjustment table for previous years can be found on the website of the Belarusian Bank.