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Belarus Trademark Registration 

 
Attorneys - Belarus
 
Welcome:

My name is Dina Rakutova and I'm the representative Attorney in Belarus.

I'll be personally in charge of your trademark registration process.
 
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A trademark attorney will process your trademark registration in Belarus through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

     

  • If I register my trademark in Belarus, do I have protection in other territories?

    The registered trademark obtains protection only in the territorial limits of the Republic of Belarus.

  • Do I need to sign a Power of Attorney?

    Yes. Applicants are required to sign a Power of Attorney.

  • Are there any benefits from a pre-filing use of the trademark?

    There are minimal benefits from the pre-filing use of a trademark namely:

    • Can be used as a proof of the mark’s distinctive quality.
    • Can be used to cancel oppositions on the grounds of non-distinctiveness
    • Can be used to claim priority if the territory is a Paris Convention member 
  • Will there be problems in case I don’t use my trademark after registration?

    Yes. When a registered trademark remains unused for consecutive 3 years, a third party may file for a cancellation order and the court may also cease giving protection for the registered mark.

  • What are the types of trademark that can be registered in Belarus?

    The following signs or marks are registrable in Belarus:

    • Names
    • Colours
    • Words
    • Get-up or trade dress
    • Shapes having 3 dimensions
    • Well-known marks
    • Service marks
    • Collective marks
    • Combination of the above marks
  • What are the phases of application after a trademark has been filed in Belarus?

    Application for a trademark in Belarus goes through 4 phases.

    1. The first phase is called “formality examination.” At this stage, the application is examined according to compliance with requirements.
    2. The second phase is called “examination” where the application can be refused by trademark officers on the grounds of proprietary rights or an earlier registration.
    3. The third phase is called “registration” where the mark is registered once it passed the first and second phases.
    4. The final phase is called “publication.” At this stage, information about the mark is published for third parties to see and file for the opposition if necessary.
  • What type of trademark is not registrable?

    The following signs or marks are NOT registerable in Belarus:

    • Marks that are against principles of public morality or policy
    • Marks that use international, regional/state/national name or flag and symbols
    • Marks that do not show distinctiveness
    • Marks that are considered as generic
    • Marks that are primarily used as a surname or family name
    • Marks that are descriptive of the goods/services’ purpose
    • Marks that use universal terms or symbols
    • Marks that resemble or represent the shape of a product
    • Marks that mislead consumers about the product’s origin, nature or producer
    • Marks that mislead consumers about the origin of spirits, liquors or wines
    • Marks that have a strong resemblance to another trademark that may confuse consumers
    • Marks that use protected geographic indications
  • Does Belarus use the "Nice Classification" system?

    The system of Nice Classification is followed in Belarus.

  • Does the Community Trademark apply for Belarus?

    The Community Trademark does not take effect in Belarus.

  • Is there any possibility to claim priority in Belarus?

    Yes. Applicants may claim for expedited processing if these conditions are met:

    • The Paris Convention is effective in the applicant’s home country
    • The application in his home country was filed within 6 months preceding the application in Belarus
    • International Registration is recognized in Belarus
  • What do I need to do to satisfy the use requirement?

    Trademark owners in Belarus are mandated to use the mark within 3 years from the date of registration. Use must be for commercial purpose and must take place within the jurisdiction of Belarus.

  • Once my trademark has been registered, for how many years will be valid?

    The validity of a registered mark lasts 10 years counting from the date when the application was filed.

  • What will be the renewal date of my trademark?

    Count 10 years from the date when the application was filed.

  • Is it legal to use my trademark even if it is not yet registered?

    It is legal to use unregistered trademarks for commercial purposes such as selling of services/goods.


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