Trade and Service Marks

– Law on Trademarks and Service Marks, with amendments as of December 18, 2019.
– Regulations on the procedure for registration of a trademark and service mark set by the Resolution of the Council of Ministers of the Republic of Belarus, as of December 28, 2009, with amendments as of June 29, 2022.
– Regulations on Recognition of Trademarks as well-known, set by the Resolution of the Council of Ministers of the Republic of Belarus, as of August 24, 2020.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), as of April 26, 1970.
– Madrid Agreement Concerning the International Registration of Marks, as of December 25, 1991.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), as of May 31, 1992.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of April 14, 1993.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, as of December 31, 1997.
– Commonwealth of Independent States – Agreement on Measures for the Prevention and Repression of the Use of False Trademarks and Geographical Indications, as of June 4, 1999.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, as of January 18, 2002.
– Singapore Treaty on the Law of Trademarks, as of May 13, 2014.
– Treaty on the Eurasian Economic Union, Section XXIII, as of October 9, 2013, effective from January 1, 2015.

Filing

Applicant: individuals or legal entities.

Foreigners: enjoy the same rights as nationals; must elect a patent attorney in Belarus.

Registrable: all signs which are capable of being represented graphically, i.e. words, person’s names, pictures, letters, numbers, a single color, combinations of colors, three-dimensional signs, shape or packaging of the goods and their combinations.

Service marks: registrable.

Well-known marks: are protected.

Kinds of protection: individual and collective trademarks.

Not registrable: commonly used symbols suggesting the origin of the mark or products; terms describing quality, quantity, place and date of the production or realization of a mark or products; symbols whose appearance or contents may create confusion with consumers; symbols, similar or identical to those already protected in accordance with the provisions of the Paris Convention, or signs containing State flags, emblems, hymns, abbreviated names of an international or an intergovernmental organization, official stamps; symbols which are contrary to public order, humanitarian principles, or morality and tradition; names, surnames, pseudonyms, facsimiles, and portraits of private persons without their consent; works of science, literature or art identical in the Republic of Belarus or confusingly similar to them, also characters or quotes from such works, created by art or a fragment thereof, without a state copyright holder, if the right to create a registered trademark was created earlier than the priority date; the named means registered in the Republic of Belarus disseminated information without the permission of its founder(s) in relation to similar goods; surnames, first names, patronymic (if any), pseudonyms or a designation derived from them, portrait or facsimile of a person well-known in the Republic of Belarus, without the consent of this person or his heirs; and designations recognized as extremist materials.

Priorities: in accordance with the Paris Convention.

Exhibition priority: both can be claimed within two months after filing.

Classification: international. 

Territory covered: the Republic of Belarus.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed;
2. The sign to be protected, and its description; 5 prints (8 x 8 cm) or 10 prints if colors claimed;
3. List of goods and services, according to the International Classification;
4. The priority certificate, if any (late filing during three months is possible);
5. For a collective mark: statute of the collective mark.

For a change of name or address:
1. A copy of the extract from the Trade Register or any other document showing the change of name/address;
2. An original power of attorney in the new name/address, simply signed.

Electronic filing: available.

Examination Procedure

Examination: a formal examination is carried out within one month from the filing date, which includes checking of documents and conformity with legal requirements. The priority is officially determined by the Patent Office within two months after the filing date.

Full examination: includes examination regarding the similarity or identity to registered marks. Full registration procedure takes approximately 10 to 11 months. Accelerated procedure may be requested six months after the filing date, or earlier, if the applicant takes responsibility and risks associated with the invalidation of legal protection of a trademark in the event of receipt of an identical or confusingly similar application with an earlier priority.

Amendments of application: minor changes to the claimed sign are accepted.

Disclaimers: available. 

Letters of consent: provided for, but not accepted for identical trademarks. The letter of consent must be on the company letterhead, simply signed and sealed.

Registration and Protection

Granting decision: may be objected to within one year by filing an appeal to the Appeal Board. The Appeal Board's decision may be appealed to the Supreme Patent Chamber Court.

Publication: two months after the granting decision.

Delivery of document: the Patent Office issues the certificate (in paper format) on the basis of the decision to register, after payment of the registration fee.

Beginning, duration and renewal of protection: ten years from the filing date, renewable for further ten-year periods. Grace period: six months.

The exclusive right to use the registered trademark belongs to its owner.

Use: the trademark must be used on the goods and/or their packaging, advertisements, printed documents, Internet, at exhibitions, or by persons or entities to which the license was transferred. Non-use during three years may lead to cancellation. The cancellation action is dealt with by the Supreme Patent Chamber Court.

Licenses: under written contract and must be registered by the Patent Office.

Assignment: must be registered.

Modification of Protection after Registration

Rights of prior user: no provision.

Compulsory licenses: not provided for.

Expropriation: not provided for.

Nullification: a trademark registration may be objected to by any person, partially or in whole, if the established conditions for trademark registrations were not fulfilled.

Infringement: unauthorized exploitation or any other kind of marketing of products bearing a protected sign shall constitute infringement of the right of the trademark owner. An action against the infringer can be initiated before the Supreme Patent Chamber Court.

Parallel import: in some cases, in public interest, it is allowed to import into the territory of the Republic of Belarus and introduce into civil circulation, goods in which objects of intellectual property are used (contained/included) without the consent of the IP right holders (so-called parallel import, according to the Law of the Republic of Belarus of January 3, 2023 "On the limitation of exclusive rights to intellectual property").

Conversions: under the updated Law it is possible to: (1) convert an international registration under the Madrid System into a national application; (2) replace a national trademark registration with an international registration under the Madrid System; (3) convert a national application into an application for registration of an Eurasian Economic Union (EAEU) trademark; (4) convert an application for registration of an EAEU trademark into a national application; (5) replace a national trademark registration with an EAEU trademark registration; (6) convert an EAEU trademark registration into a national application.