Trademarks Law in Belarus
Hereβs an overview of Trademark Law in Belarus:
π Legal Framework in Belarus
1. Primary Law
Law of the Republic of Belarus on Trademarks and Service Marks (2001)
This is the core legislation governing trademarks in Belarus. It has been amended over the years to improve protection and align with international standards.
Belarus is also part of several regional and international IP treaties, influencing its trademark regime.
π‘οΈ What Can Be Registered as a Trademark?
A trademark in Belarus can include:
Words or combinations of words
Logos, images, symbols
Letters, numbers
3D shapes
Holograms, colors, sound marks (under certain conditions)
To be registered, the mark must be:
Distinctive
Not misleading or contrary to public order or morality
Not identical or confusingly similar to existing marks
βοΈ Rights Granted
Trademark owners have the exclusive right to:
Use the trademark in connection with the registered goods/services
Prevent others from using identical or similar signs for similar goods/services
License, assign, or franchise the trademark
π Duration of Protection
Initial registration: 10 years
Renewable indefinitely in 10-year increments
A grace period of 6 months is available for late renewal (with an extra fee)
π International Treaties
Belarus is a party to:
Paris Convention
Madrid Agreement and Protocol β allows for international trademark registration
Eurasian Economic Union (EAEU) β working toward regional trademark systems
TRIPS Agreement (via WTO observer status, although Belarus is not a full WTO member)
ποΈ Administration
Trademarks are registered through the National Center of Intellectual Property (NCIP) in Belarus.
The application process includes examination for absolute and relative grounds and publication for opposition.
π Enforcement
Trademark rights in Belarus can be enforced through:
Civil courts β seeking injunctions, damages, or seizure of goods
Administrative procedures β including actions by customs or anti-monopoly authorities
Criminal proceedings β in serious cases of counterfeiting
π Use Requirement
If a trademark is not used for 3 consecutive years, it may be canceled for non-use unless the owner shows valid reasons.
Additional Notes
Belarus uses the Nice Classification system.
Registration is not mandatory for protection under the Paris Convention, but registering ensures stronger legal rights and easier enforcement.
Collective marks and certification marks are also recognized.
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