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).
Integrated circuit layouts
This Law sets forth that:
- legal protection of IC layouts in Belarus is effected on the basis of
registration in the State Register of IC Layouts;
- the right for a layout is attested by a Certificate that is valid for 10 years.
The exclusive right of layout utilization effect date is the earliest of the
following events:
- the first use date, i.e. the earliest recorded date of civil use of this layout
or an IC of such layout anywhere in the world;
- the date of layout registration at the Patent Office.
IC layouts are registered at and Certificates issued by the State Patent
Office of Belarus. It should be added that the Regulations on fees for
registration of IC layouts have not been put into effect until now.
There are two ways - national and under the Madrid Agreement/Protocol - are applicable for trademark registration
- Requirements for filing a national trademark application:
- Power of Attorney. It must be filed together with the trademark application or within 2 (two) months (no legalisation or notarisation is required).
- 14 prints, in size 8x8 sm. (exception word mark);
- Information required: - applicant's name and address; goods to be covered by the application arranged in international classes; priority data, if priority is claimed;
- Certified priority documents (may be filed within three months).
