Trade marks

The examination system is applicable to trademarks in our country. A trademark is valid for 10 years from the date on which the Patent Office received the application. The term of registration may be prolonged for successive periods of 10 years at the request of the owner. This request is to be filed during the last year of trademark validity.

The usual length of time involved in processing an application is about two years from the date of filing a request for substantive examination.

The list of goods for the trademark registration may be amended (to be more exact, shortened) or the owner's name changed upon the owner's request. Presently, the amendments are compulsorily introduced into the Register and the Certificate.

At the request of any interested natural person or legal entity, the Patent Court may prematurely terminate the validity of the registration of the mark, either totally or in part, if the said mark has not been used during a period of five years from its registration date or for five years on the filing date of the request. The decision on whether or not to terminate the validity of the registration of the mark prematurely for lack of use may be made subject to the consideration of proof submitted by the owner of the mark to show that the lack of use is due to factors beyond his control.

It is also noteworthy that the mentioning of marks in advertising, in printed publications, on signs or in connection with the display or products at fairs or exhibitions held in Belarus may also be deemed to constitute use of the mark, provided that legitimate grounds shall be submitted to justify the fact of non-using the mark on goods or the packaging thereof.

All international registrations (applied for in accordance with the Madrid Agreement) are subject to examination in Belarus. Recent legislation provides for multiple prolongations (for the ultimate time period) of the term for filing a re-examination request.

The examination practice is so that designations of misleading similarity with those that have been registered or applied for and of earlier priority are registered for identical goods on consent of the owner who registered earlier (i.e. so called Letters of consent are accepted).

Requirements for filing a national trademark application:

  1. power of Attorney, it must be filed together with the trademark application or within 2 (two) months (no legalisation or notarisation is required)

  2. 14 prints, in size 8x8 sm. (exception word mark)

  3. information required: - applicant's name and address; goods to be covered by the application arranged in international classes; priority data, if priority is claimed

  4. certified priority documents (may be filed within three months)

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