Trademark development is an important stage in creating and developing businesses in Belarus. A registered trademark serves as an identifier of a company’s goods or services and protects its interests in the market, creating competitive advantages. In today’s business environment, where the variety of goods and services is constantly growing, the presence of a registered trademark is part of a successful company strategy. Trademark registration guarantees the exclusive right to use the mark, which prevents its unauthorized use by third parties. In this article, we will look at the features of trademarks, who can register them, what you need to think about before registering a trademark, and what and how trademark registration takes place in Belarus.
What to Know About a Trademark
A trademark is a designation on goods and in their advertising that distinguishes goods from several similar products from other manufacturers, making them individual and recognizable. Not only goods can have a trademark, but also services. In this case, the sign is called a “service mark”, but generally, this name is not used. A mark distinguishing goods and services from similar goods and services from other manufacturers is usually called a “trademark”.
What a Trademark Might Look Like
A trademark can be words, phrases, proper names, combinations of colours, letters, numbers, images, the shape or packaging of goods, and combinations of the listed designations. There are no restrictions on registering trademarks in any colours or combinations of colours.
What a Trademark May Not Look Like
The trademark should not be similar or similar to other trademarks and should not be included in the republican list of extremist materials.
What is the Protection and Registration of a Trademark
Trademark protection is the ability of its owner to defend his interests in court or other lawful ways.
To protect trademark rights, a trademark must be registered with the patent office. In Belarus, this is carried out by the National Intellectual Property Center. The state registration of a trademark is a voluntary procedure initiated by its owners.
Protected trademarks also include those with international protection; they are registered under international agreements.
The validity period of trademark protection is ten years from filing an application for registration with the patent authority.
How a Registered Trademark is Used
Other persons cannot use a trademark protected on the territory of Belarus without the trademark owner’s permission. The trademark owner uses the trademark himself and may dispose of it, transfer to other persons the right to use it and prohibit other persons from using it.
Trademark Registration Certificate
A trademark certificate issued by the patent authority certifies the trademark owner’s exclusive rights. The certificate lists the goods, works, and services for which the trademark has been registered and includes an image of the trademark.
The certificate is issued within one month after registering the trademark in the Trademark Registry.
What to Think About Before Registering a Trademark
Before registering a trademark with the patent authority, preparatory work must be carried out. Here are the main steps to pay attention to:
Step 1. Determine What the Trademark Will Look Like
It is important to understand what a trademark is and what types of marks exist (verbal, graphic, combined, 3D, etc.). A trademark must be unique and distinctive, unlike other registered trademarks.
Step 2. Look for Possible Similarities
Before applying for trademark registration, it is recommended that you conduct a search to ensure that no similar trademarks have already been registered. It can be done through databases of registered trademarks.
Step 3. Determine Which Goods (Works, Services) of the Manufacturer Will be Covered by the Trademark and in Which Territory
In the application for trademark registration, you will need to list such goods, works, and services. Such goods, works, and services will be listed in the trademark certificate if a trademark is registered. It is also necessary to define classes (classes of goods and services) by the International Classification of Goods and Services (ICGS) to indicate them in the trademark registration application. It is better to go through this stage with a patent attorney, who can be selected after consulting an intellectual property lawyer.
The amount of patent fees depends on the territory where trademark protection is required: it is necessary to decide whether trademark registration will apply only to Belarus or whether international registration is needed.
Step 4. Develop a Plan for the Use of the Trademark
You can consider how and where to use the trademark after its registration, whether you will concede it to other companies, and develop a network of franchises under the trademark.
Step 5. Developing a Visual of the Sign
If you don’t have a developed trademark yet, you need to create one. It can be a logo, a name, or a symbol that will be easy to remember and associate with your business.
Step 6. Choosing a Representative (Patent Attorney)
In some cases, companies and individuals who want to register a trademark must contact a patent attorney to apply. In other cases, trademark owners may contact a patent attorney, especially if they have no experience in trademark registration. To choose a patent attorney and conclude a contract with him, we recommend consulting an experienced intellectual property lawyer.
Step 7. Estimation of Time and Costs, Patent Fees
Planning your budget and registration time will help avoid unexpected delays and expenses. Finding a patent attorney and signing an agreement with him will take time. If you decide to contact our intellectual property lawyer, you will not need to look for a patent attorney yourself; we will do it as soon as possible.
Before submitting documents for trademark registration, you need to pay a patent fee separately for each application, and you will also need to pay for the services of a patent attorney. You may need to pay for the services of the contractor who visualized the trademark.
The patent fee rates are from 10 fundamental values for trademark registration for one ICGS class (400 Belarusian rubles or about 112 euros). The patent authority also makes an examination of the claimed designation for 28 basic units (1,120 Belarusian rubles or approximately 314 euros) at the applicant’s request. For trademark registration in the State Register of Trademarks and Service Marks of the Republic of Belarus, a patent fee of 19 basic units must be paid. It is 760 Belarusian rubles, or about 213 euros.
If trademark protection is also required outside Belarus (international protection), then patent fee rates start from 600 Swiss francs for no more than three classes of the ICGS.
The patent authority usually considers documents for trademark registration for one month.
Step 8. Preparation of Documents for Trademark Registration
At this stage, an application for trademark registration is filled out. If it is decided to contact the patent attorney, he fills out the application himself and submits all the documents for trademark registration to the patent authority.
Following these recommendations, companies can prepare for trademark registration and increase their chances of successfully obtaining it.
Features of Trademark Registration
To register a trademark, you need to solve several issues and collect a package of documents.
Who can Register a Trademark
An individual or a company can register a trademark for itself. These persons may conduct business related to the registration of a trademark or apply to a patent attorney to conduct business.
Who is a Patent Attorney
A patent attorney is a specialist in industrial property who has passed a qualification exam and is listed in the Register of Patent Attorneys. A patent attorney must have a certificate of registration as a patent attorney. The patent attorney conducts business related to trademark registration based on a power of attorney issued to him by the trademark owner. A power of attorney must correctly define the powers of the patent attorney for the patent authority to accept his power of attorney. A power of attorney can be issued for filing several applications, including in the future.
When a company or individual applies to a patent attorney, the patent authority communicates trademark registration issues with the patent attorney, not with the trademark owner.
When Trademark Registration Cases Need to be Conducted Only Through a Patent Attorney
Only through a patent attorney should cases related to trademark registration be conducted:
- Foreign trademark owners who are permanently located or live in other countries.
- Foreign patent attorneys.
We recommend contacting a competent intellectual property lawyer to select a patent attorney.
Documents for Trademark Registration
To register a trademark, the National Intellectual Property Center must submit:
- An application for registration of a trademark in the prescribed form. The application contains the applicant’s data, his place of residence (location of the company), a list of goods and services indicating classes in accordance with the ICGS, a description of the trademark, and its image in 8 by 8 cm format. The applicant, an individual, consents to the processing of personal data.
- The application can be submitted to the patent authority online (via AIS “Electronic filing of applications”) or in person on paper. When applying AIS, the applicant or patent attorney signs it with an electronic digital signature. In this case, the applications are issued as electronic copies of paper documents in .pdf format.
- The document on payment of the patent fee.
- If you need to register a colour trademark and the application is submitted in person, then you need five colour images of the trademark in the eight by 8 cm format.
- Power of attorney of the patent attorney if he submits documents for registration of the trademark.
In some non-standard cases, more documents are required. For example, a provision on a collective trademark must be submitted to the patent authority when it is registered.
The patent authority does not return the documents and images for trademark registration.
Contact us
If you have any questions or disputes regarding trademark Registration in Belarus, we will be happy to help! Our long-term experience in divident payment will help you resolve any disputes in this area.
- +37529366-44-77 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
