Trademark Registration Support
Full support for trademark registration in Belarus — advising on eligibility, managing the patent attorney engagement, and monitoring the application through examination.
Trademark Infringement and Litigation
Licensed Belarusian advocates protecting trademark rights — registration support, infringement claims, compensation recovery and representation before the Belarusian IP Court.
Our clients
Overview
Trademarks are created by companies to make their products and services recognisable — distinguishing them from competitors in the market. Significant investment goes into developing and building brand recognition around a trademark. Where a third party uses a registered trademark without authorisation — or uses a confusingly similar designation — the rights holder is entitled to take legal action to stop the infringement and recover compensation. AMBY Legal advises on trademark protection in Belarus and represents rights holders in infringement proceedings before the Belarusian courts and administrative authorities.
Trademark as an IP Object
A trademark or service mark is a designation used to distinguish the goods, works, or services of one party from those of others. Trademarks may take the form of words, phrases, colour combinations, letter or figurative designations, or combinations thereof. Certain designations cannot be registered as trademarks — including generally recognised symbols and terms, depictions of national flags, state names, and designations that are identical or confusingly similar to trademarks already protected in Belarus.
How Trademark Rights Are Protected
Trademark protection in Belarus is established through state registration with the National Intellectual Property Centre (NCIP). Registration gives the owner the exclusive right to use the trademark in relation to the registered goods and services — and the right to prevent others from using the same or a confusingly similar designation. An internationally registered trademark is also protected in Belarus where Belarus is designated under the applicable international registration procedure.
Trademark Registration
To register a trademark with the NCIP, an application must be submitted together with payment of the applicable state fees. The application is examined for compliance with formal requirements and then substantively reviewed for distinctiveness and conflicts with existing marks. In Belarus, trademark applications before the NCIP must be filed through a registered patent attorney for foreign applicants. AMBY Legal advises on the selection and engagement of a patent attorney and assists with all aspects of the registration process.
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Trademark Certificate
Upon successful registration, the NCIP issues a trademark certificate — confirming the owner’s exclusive right to the trademark in relation to the goods and services listed in the certificate. The certificate contains an image of the mark and specifies the registered goods and services. The owner may authorise or prohibit others from using the registered trademark.
Transfer of Trademark Rights
The right to use a registered trademark may be transferred to third parties under one of the following instruments: an exclusive right assignment agreement (full transfer of ownership); a licence agreement (grant of usage rights while retaining ownership); or a franchise agreement (use of the trademark within a structured business model arrangement).
Remedies for Trademark Infringement
Trademark infringement disputes are heard by the Judicial Panel on Intellectual Property of the Supreme Court of Belarus. The trademark owner — or a person using the trademark under an exclusive licence — may claim the following remedies: removal of the trademark or confusingly similar designation from the goods on which it has been applied without authorisation; seizure and destruction of the goods, labels, and packaging where the trademark cannot be removed from them; and compensation for losses or payment of statutory compensation in the amount of 1 to 50,000 base units (currently 42 to 2,100,000 Belarusian rubles).
In addition, a person who has violated trademark rights may be fined by the Ministry of Antimonopoly Regulation and Trade.
Software as an IP Object
A computer program is an object of copyright under Belarusian law. The owner of a computer program has exclusive rights — including the right to install and run the program on devices, authorise others to use it for a fee, distribute copies, and have their name designated as the author in the program.
The algorithm of a computer program is not protected by copyright. Where algorithm-level protection is sought, the trade secrets regime may be used. Fines payable to the state budget are provided for the illegal distribution or use of a computer program.
Transferring Software Rights
The owner of a computer program may transfer the exclusive right to it to other persons under: a licence agreement; an exclusive right assignment agreement; or another agreement for the disposal of an exclusive right.
Claims for Software Rights Infringement
Where a rights holder discovers that a computer program is being used without authorisation, a formal claim must be sent to the infringing party before court proceedings are initiated. The claim may include demands to: cease using the program; delete modifications made without the rights holder’s consent; compensate losses or pay compensation; withdraw media containing copies of the program; and publish information about the infringement.
Court Proceedings for Software Infringement
Where the infringing party fails to comply with the rights holder’s demands, proceedings may be brought before the Judicial Panel on Intellectual Property of the Supreme Court of Belarus. AMBY Legal advises on all aspects of software copyright protection and represents rights holders in court.
Other IP Objects: Photographs, Videos, Music
Photographs, videos, images, music, and other works of intangible culture are objects of intellectual property protected by copyright. Authors may authorise or prohibit use of their works by third parties. The protection of an author’s rights to their work follows the same framework as the protection of a computer program rights holder.
Disposing of Copyright Works
For commercial purposes, an author may dispose of their work under a licence agreement, an exclusive right assignment agreement, or an agreement on the creation and use of a copyright object.
Our Services
IP Licensing Agreement Drafting
Drafting licence and assignment agreements for trademarks, software, and other IP assets — tailored to the specific arrangement and enforceable under Belarusian law.
IP Agreement Review
Professional analysis of IP agreement templates proposed by Belarusian counterparties — identifying risks and recommending modifications to protect the client's interests.
Contract Modification Recommendations
Specific, actionable advice on revising IP contract terms — reducing legal risk and strengthening the client's position.
IP Rights Protection and Disputes
Preparing and sending pre-trial claims for trademark and other IP infringement — and managing pre-trial dispute resolution.
IP Panel Representation
Representing clients before the Judicial Panel on Intellectual Property of the Supreme Court of Belarus in trademark and other IP disputes.
What Can Be Registered as a Trademark
Word Marks
Brand names, slogans, and other verbal signs used to identify goods or services in commerce.
Personal Names
Full names or surnames registered as trademarks to protect personal branding or celebrity name rights in business.
Colours and Combinations
Specific colours or unique colour combinations associated with a brand's visual identity.
Letter Marks
Letter-based abbreviations representing a company or product — protecting their commercial use and reputation.
Numbers
Numeric designations serving as unique identifiers of goods or services.
Graphic Elements
Logos, symbols, and custom illustrations that visually represent a brand and differentiate it in the market.
Legal Opinion in Belarus
Obtain a legal opinion in Belarus considering international standards and local regulations!
Remedies Available to the Trademark Owner
Ways to Transfer Trademark Rights
Assignment Agreement
Full transfer of ownership — the assignee acquires all rights to use and manage the trademark.
License Agreement
Grant of usage rights while retaining ownership — suitable for collaborations and brand extensions under controlled terms.
Franchise Agreement
Use of the trademark within a structured business model, combining brand use with business support in a long-term arrangement.
Claims for Software and Copyright Infringement
Cease Unauthorized Use
Demand that the infringing party immediately stop using the software or IP object without the rights holder's authorisation.
Remove Unauthorized Modifications
Request deletion of any modifications made to the program or work without the rights holder's consent.
Compensation for Damages
Claim financial compensation for losses or statutory compensation for unauthorised use.
Seizure and Disclosure
Demand seizure of media containing illegal copies and publication of information about the infringement.
Documents Required for Trademark Registration
Applicant’s Statement
A formal application from the individual or entity seeking registration — with identity documentation for individual applicants.
Trademark Description
A detailed description of the trademark — including graphic elements, words, numbers, or colour combinations to be registered.
Goods and Services List
A list of goods and services for which the trademark will be used, classified according to the Nice International Classification.
Payment Confirmation
Proof of payment of the required trademark registration fee.
Additional Required Documents
Any supplementary documents required for registration — including notarised copies where applicable.
Trademark Registration Process
Why Foreign Companies Choose AMBY Legal
Proven Results
Our strategies are designed to protect IP rights and deliver measurable legal and commercial outcomes — not just procedural compliance.
Complex Issues Resolved
We handle challenging cases confidently — from cross-border trademark disputes to software copyright infringement — with precision and specialist knowledge.
Clear Communication
We explain each step clearly and adapt our communication to the client's business context — avoiding unnecessary legal complexity.
International Expertise
We provide IP protection solutions that comply with both Belarusian law and international standards — advising foreign rights holders on enforcing their marks in Belarus.
Client-Centered Approach
We tailor our approach to each client's specific objectives, business model, and long-term IP strategy.
Flexible Pricing
Our fees are transparent and agreed upfront — with a clear scope of work before engagement begins.
FAQ
How can software be legally protected in Belarus?
Software is protected by copyright from the moment of creation — without registration. For additional legal certainty, the software may be registered with the NCIP. Usage rights are managed through licence agreements or exclusive right assignment agreements, which define permitted use, territory, duration, and payment terms.
How can software be protected against unauthorised copying?
Copyright protection arises automatically. For stronger practical protection: register the software with the NCIP; use licence agreements with clear restrictions on copying, modification, and distribution; and implement non-disclosure agreements with persons who have access to the source code.
Can images found on the internet be used without permission?
No. Using images without the author’s or rights holder’s consent constitutes copyright infringement. Images may only be used under a licence from the rights holder, or where they are released under an open licence (such as Creative Commons) that permits the intended use.
How can a registered trademark be challenged in Belarus?
An objection may be filed with the NCIP’s Board of Appeal, or a complaint may be brought before the Judicial Panel on Intellectual Property of the Supreme Court. Grounds for challenge include: the mark misleads consumers; it conflicts with earlier rights; it lacks distinctiveness; or it was registered in bad faith. AMBY Legal advises on the available grounds and manages the challenge process.
Can an idea be patented in Belarus?
No. Patents are granted for concrete technical solutions — inventions, utility models, and industrial designs — not for abstract ideas. A detailed written description or technical drawing of an invention may be protected by copyright as a literary or artistic work, but the underlying idea itself is not patentable.
How are trade secrets protected in Belarus?
Trade secrets are protected through: non-disclosure agreements with employees and counterparties; internal confidentiality policies; and registration of production secrets with the NCIP where applicable. Belarusian law imposes liability for unauthorised disclosure or misappropriation of trade secrets.
Can music be used commercially without the creator’s permission?
No. Unlicensed use of music — including in advertising, videos, or public events — constitutes copyright infringement. A licence must be obtained from the rights holder, or royalty-free music released under an open licence must be used.
How can a company logo be protected in Belarus?
A logo may be registered as a trademark with the NCIP — which gives the owner the exclusive right to use it in relation to the registered goods and services and to prevent unauthorised commercial use by third parties. The registration process involves a formal application, examination, and — upon approval — issuance of a trademark certificate.
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