Trademark Infringement and Litigation

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Trademark Infringement and Litigation

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.

Trademarks can be phrases or words, combinations of colors, alphabetic, artistic and other designations, etc.

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.

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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.

Software Rights Transfer

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 Claims Can be Made

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.

The claim may require: stop using the program, delete changes to the program that were made without the permission of the copyright holder, compensate for the losses caused or pay compensation, withdraw media with copies of the program, and 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.

Our Services

Trademark Registration Support

Get expert guidance and full assistance with registering your trademark in Belarus, ensuring compliance with national regulations and protecting your brand from the outset.

Intellectual Property Licensing Agreements Drafting

We’ll draft licensing or assignment agreements for trademarks, software, and other IP assets tailored to your business needs and legal protections.

Review of Belarusian Intellectual Property Agreements

Receive a professional analysis of Intellectual Property agreement templates provided by Belarusian companies, aligned with your commercial interests and international best practices.

Contract Modification Recommendations

We offer clear, actionable advice on modifying Intellectual Property contracts to better safeguard your business interests and reduce legal risks.

Intellectual Property Rights Protection & Disputes

We handle negotiations or draft legal claims to protect your rights to trademarks and other intellectual property, both pre-trial and in early-stage conflicts.

Supreme Court Intellectual Property Representation

If a dispute arises, we represent your interests before the Intellectual Property Board of the Supreme Court of Belarus with a strategic, case-specific approach.

What Can Be Registered as a Trademark?

Word Marks

Protect brand names, slogans, and other verbal signs used in commerce to identify your goods or services distinctly from competitors.

Personal Names

Register full names or surnames as trademarks to legally secure personal branding or celebrity name rights in business.

Colors and Combinations

Secure rights to specific colors or unique color combinations associated with your brand's identity and visual recognition.

Letter Marks (Acronyms)

Trademark letter-based abbreviations that represent your company or product, protecting their commercial use and reputation.

Numbers

Register numbers or numeric combinations as trademarks when they serve as unique identifiers of your goods or services.

Numbers

Register numbers or numeric combinations as trademarks when they serve as unique identifiers of your goods or services.

Graphic Elements

Safeguard logos, symbols, and custom illustrations that visually represent your brand and help differentiate it on the market.

Legal Opinion in Belarus

Obtain a legal opinion in Belarus considering international standards and local regulations!

What a Trademark Owner Can Demand in Case of Infringement

Removal of the Trademark

Demand the removal of the unauthorized trademark or similar sign from any goods or materials where it’s used without the owner's consent.

Seizure and Destruction

Request seizure and destruction of goods, labels, or packaging if the trademark cannot be removed without damaging the product.

Compensation or Damages

Claim actual damages or request compensation ranging from 1 to 50,000 base units under Belarusian trademark law.

Administrative Penalty

Trademark violators may also face fines imposed by the Ministry of Antimonopoly Regulation and Trade for unauthorized use.

Ways to Transfer Trademark Usage Rights

Assignment Agreement

Transfer full ownership of your trademark to another party through a formal assignment, giving them exclusive rights to use and manage the mark.

License Agreement

Grant permission to use your trademark while retaining ownership. Ideal for collaborations, brand extensions, or expanding market reach under controlled terms.

Franchise Agreement

Allow others to operate under your trademark and business model, combining brand use with business support in a structured, long-term partnership.

What Legal Demands Can Be Made in a Claim

Cease Unauthorized Use

Demand that the infringing party immediately stop using the software without the rights holder’s permission.

Remove Unauthorized Modifications

Request deletion of any program modifications made without approval from the copyright holder.

Compensation for Damages

Claim reimbursement for financial losses or seek fixed compensation for unauthorized use of intellectual property.

Seizure and Disclosure

Demand the seizure of media containing illegal copies and request public disclosure of the infringement.

Documents Required for Trademark Registration

Applicant’s Statement

A formal application from the individual or entity seeking registration. For individuals, include passport ID and residence page copies.

Trademark Description

Detailed description of the trademark, including graphic elements, words, numbers, or color combinations intended for registration.

Product List with Classification

A list of goods/services where the trademark will be used, categorized according to international trademark classification standards.

Payment Confirmation

A receipt or other proof confirming payment of the required patent or trademark registration fee.

Additional Required Documents

Any supplementary documents required for firm trademark registration, including notarized copies where applicable.

Trademark Registration Process in Belarus: Step-by-Step Guide

Trademark Uniqueness Check

Before applying, ensure your trademark isn’t already registered. Search the Belarus National Center of Intellectual Property (NCIP) database and the WIPO global registry to avoid conflicts.

Application Preparation and Submission

Prepare an application with trademark details, classification, and images. Submit it with a payment receipt and a power of attorney if using a representative. File via NCIP in person, by mail, or online.

Preliminary Application Examination (2 Months)

NCIP checks if all documents are complete and legally compliant. If issues are found, they’ll send a notice to fix them. Otherwise, the application proceeds to full review.

Substantive Trademark Examination (Up to 24 Months)

NCIP reviews your trademark’s distinctiveness, checks for legal or moral issues, and compares it to existing marks. You can revise and reapply or appeal if refused.

Entry in Registry and Certificate Issuance

Once approved, your trademark is added to the official register, and a certificate is issued. The registration is valid for 10 years, renewable indefinitely for an additional fee.

Why Us

Proven Results

We focus on outcomes. Our strategies are designed to protect your intellectual property and deliver real legal and business value.

Complex Issues Solved

We handle challenging cases confidently—from trademark disputes to cross-border IP licensing—with precision and strategic thinking.

We Speak Your Language

Legal doesn’t have to mean complicated. We explain every step clearly and adapt to your business communication style.

International Expertise

With experience across multiple jurisdictions, we provide IP solutions that meet both local and international legal standards.

Client-Centered Approach

No one-size-fits-all. We tailor our services to your goals, business model, and long-term intellectual property strategy.

Flexible Pricing

We offer transparent and adaptive pricing models that align with your budget—no hidden fees, just clear value.

FAQ

How can software be licensed legally?

To protect software, you can register it with the National Center of Intellectual Property (NCIP) and draft end-user license agreements (EULAs) or commercial licensing contracts to regulate usage rights.

How can I protect software from being copied?

Software is automatically protected by copyright upon creation. For additional legal strength, register the software with NCIP and use licensing agreements to set clear usage terms and restrictions.

Can I use images from the internet for free?

No, using images without the author’s consent is prohibited. You must either obtain a license from the copyright holder or use images with an open or Creative Commons license.

How can I dispute a registered trademark?

You can file an objection with NCIP or challenge the registration in court. To succeed, you must prove the trademark misleads consumers or conflicts with prior rights.

Can an idea be patented?

No, patents are granted for concrete technical solutions or inventions, not abstract ideas. However, you can secure copyright for written descriptions or visual representations of the idea.

How do I protect trade secrets?

Trade secrets are protected through Non-Disclosure Agreements (NDAs) and by formally registering production secrets with NCIP, ensuring confidentiality obligations are legally enforceable.

Can I use music without the creator’s permission?

No, unlicensed use of music is a copyright violation. You must obtain a license from the rights holder or use royalty-free music released under open licenses.

How can I protect a company logo?

A logo can be registered as a trademark with NCIP. This legal status gives you the exclusive right to use the logo and prevent unauthorized commercial use by others.

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