The main stages and requirements for trademark registration in Belarus

In modern business a trademark plays an important role as it is used for personalization and protection of goods produced or services rendered. It serves as a kind of business card that allows customers and clients to recognize and remember the brand of the manufacturer of goods or services. Here are some of the main steps to register a trademark in Belarus.

1. Designation development. Before proceeding to the registration process, it is necessary to think about the choice of a unique and identifying designation for the organization or product. It may be a word, a logo, a symbol or a combination of these elements. By the way, from November 13, 2023, it can also be a color.

2. Check for uniqueness. It is necessary to make sure that the selected designation is not registered by other organizations. This can be checked using the national trademark database at the National Intellectual Property Center (the NCIP) or in the international database of the World Intellectual Property Organization (by yourself or by ordering a service).

3. Submission of an application to the NCIP. Applications may be filed online or in paper form. The documents required for filing an application include a directly filled application form containing the designation to be registered as a trademark, a list of the goods or services it will represent, the name and address of the applicant and payment documents (patent fees). On the NCIP website, anyone can calculate the amount to be paid by using the patent fee calculator.

4. Examination of the application. The submitted application undergoes preliminary examination. Then the substantive examination is carried out, which determines whether the mark complies with the requirements of the legislation of the Republic of Belarus.

5. Registration and issuance of certificate. If the application has successfully passed all stages of examination, the trademark is registered and the applicant is issued a certificate of registration (subject to payment of the patent fee).

After registering a trademark, the applicant obtains the exclusive right to use it, the right to grant consent to the use of the trademark, as well as the right to prohibit the use of the trademark. It is important to remember that trademark registration in Belarus is valid for 10 years, after which the registration can be repeatedly renewed for 10 years. The registration process itself is strictly regulated by the Law of the Republic of Belarus of February 5, 1993 № 2181-XII «On Trademarks and Service Marks», the content of which can be found in the Legislation section.

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