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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.
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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.
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Do I need to sign a Power of Attorney?
Yes. Applicants are required to sign a Power of Attorney.
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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
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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.
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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
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What are the phases of application after a trademark has been filed in Belarus?
Application for a trademark in Belarus goes through 4 phases.
- The first phase is called “formality examination.” At this stage, the application is examined according to compliance with requirements.
- 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.
- The third phase is called “registration” where the mark is registered once it passed the first and second phases.
- 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.
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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
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Does Belarus use the "Nice Classification" system?
The system of Nice Classification is followed in Belarus.
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Does the Community Trademark apply for Belarus?
The Community Trademark does not take effect in Belarus.
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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
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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.
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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.
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What will be the renewal date of my trademark?
Count 10 years from the date when the application was filed.
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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.