Trademarks are developed by companies that want to make their products and services recognizable so that customers can distinguish them from other similar products and services. Companies invest energy, labor and finances in the development of a trademark, a trademark distinguishes brand products from other products and makes them recognizable to consumers. Therefore, it is logical to protect it from being used by others to label other goods and services.
Other objects of intellectual property include computer programs, etc. To protect a trademark and other intellectual property objects, we offer the services of experienced lawyers who specialize in the field of intellectual property and its protection.
Trademark as an object of intellectual property
A trademark and a service mark are developed to distinguish certain goods, works, and services from others.
What designations a trademark can be
Trademarks can be phrases or words, combinations of colors, alphabetic, artistic and other designations, etc.
Which designations a trademark cannot be
Some designations may not be a trademark. These are, for example, generally recognized symbols and terms, designations of national flags, names of states that are identical or confusingly similar to trademarks of other persons protected in Belarus.
How trademark rights are protected
The protection of a trademark consists in its state registration. This protects the trademark from being used by others, and in the case of such use gives the trademark owner the right to claim damages.
Trademark registration
To protect the company’s right to a trademark, it is registered at the National Intellectual Property Center — this is a national registration procedure. A trademark that has passed the international registration procedure will also be protected.
To register a trademark with the National Intellectual Property Center, you need to submit an application, pay a state fee and hire a patent attorney to conduct business. You can do this yourself, but there is a risk of not registering a trademark due to the lack of necessary information. We will consult on the issue of working with a patent attorney and help you choose his candidacy.
Trademark certificate
The national trademark registration is confirmed by the trademark certificate issued by the National Intellectual Property Center. The certificate contains an image of the trademark, and lists the goods for which the trademark is registered. The certificate confirms the right of the owner to the trademark in relation to these goods. The owner may allow or prohibit other persons from using the registered trademark.
Transfer of the right to use a trademark
You can transfer the right to use a trademark to other persons under one of the contracts:
- Under the contract of assignment of the exclusive right to a trademark.
- According to the license agreement.
- Under a franchise agreement.
What the trademark owner can demand when it is used illegally
They defend the trademark in court. The Intellectual Property Board of the Supreme Court of Belarus deals with such issues. To protect their rights, the trademark owner or the person who uses it under an exclusive license agreement may require:
- To remove a trademark or a similar designation from the goods on which the trademark is marked without the permission of its owner.
- To seize and destroy such goods, labels, packages when it is impossible to remove the trademark from them.
- To compensate for losses or pay compensation in the amount of 1 to 50,000 basic units.
A person who has violated trademark rights may be fined by representatives of the Ministry of Antimonopoly Regulation and Trade.
A computer program as an object of intellectual property
The owner of a computer program has exclusive rights to it, including the right to install on devices, run, allow others to use the program for a fee, distribute copies, and designate his name in the program.
The algorithm of a computer program is not classified as objects that are protected by copyright. In this case, the institute of trade secrets can be used to protect intellectual property.
Fines are provided to the state budget for the illegal distribution or use of a computer program.
Transfer of the right to a computer program to other persons
The owner of a computer program may transfer the exclusive right to it to other persons.
You can transfer the right to a computer program to other persons under one of the contracts:
- The license agreement.
- An agreement on the assignment of an exclusive right.
- Under another agreement on the disposal of the exclusive right.
What the owner of the rights to a computer program can demand when it is used illegally
The copyright holder of the rights to a computer program, who finds out that it is being used illegally, must send a claim to the company that does it.
What claims can be made
The claim may require:
- Stop using the program.
- Delete changes to the program that were made without the permission of the copyright holder.
- To compensate for the losses caused or to pay compensation.
- To withdraw media with copies of the program, publish information about the violation of the right.
When it is possible to go to court
If the infringer of the copyright holder’s rights to a computer program has not fulfilled the requirements of the copyright holder, he may apply to the Board of Intellectual Property cases of the Supreme Court. Our experienced intellectual property lawyers are ready to advise you on all issues related to the protection of the right to a computer program and represent your interests in court.
Other intellectual property objects
Photographs, videos, images, music and other objects of intangible culture belong to the objects of intellectual property. The authors have the right to defend their rights to these works. The authors may allow or prohibit their use by others.
The protection of the author’s rights to his work is organized in the same way as the protection of the rights of the copyright holder of a computer program.
How can the author dispose of the work
For commercial purposes, the author may dispose of the work under a license agreement, an exclusive right assignment agreement, or an agreement on the creation and use of an object of copyright.
How we can be useful for the protection of trademark and other intellectual property rights
Our lawyers and attorneys are experienced specialists in the field of intellectual property, copyright and speak English. We can:
- Advise on the issues of state registration of a trademark and organize it;
- Taking into account the interests of your business, develop contracts for the disposal of a trademark, computer program, and other intellectual property objects for you;
- Analyze, taking into account the interests of your business, the templates of contracts for the disposal of intellectual property objects that were issued to you by Belarusian companies;
- Give recommendations on amendments to contracts to protect your interests;
- Negotiate or file a claim to protect your trademark and other intellectual property rights;
- Represent your interests in the Intellectual Property Board of the Supreme Court of Belarus in case of a dispute.
Contact us
If you have any questions or disputes regarding the protection of trademark and other intellectual property rights, we will be happy to help you! Our long-term experience in the field of intellectual property, including the protection of intellectual property rights, will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
