COUNTRY : REPUBLIC OF BELARUS
CAPITAL : MINSK
LANGUAGES : BELARUSIAN & RUSSIAN
MEMBER : PARIS CONVENTION, BERNE CONVENTION, MADRID AGREEMENT AND MADIRD PROTOCOL, WIPO, PCT
The Intellectual Property Rights Office of Belarus is known as the National Centre of Intellectual Property.
PROTECTION OF TRADEMARKS IN BELARUS:
Protection to Trademarks is provided at a two level:
1. NATIONAL REGISTRATION - Direct Filing with National Trademark Office
Please refer our TREATIES section on International protection under Madrid Protocol.
Therefore, to obtain protection in Belarus, there are two options from which the applicant can choose.
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
Filing is done with the Trademark office of Belarus.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
Once the application is filed, a Preliminary (formality) examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks and substantial examination.
Belarus does not seem to have formal procedures for lodgement of oppositions. However, letters of protest may be filed with the IP office during the process of registration.
Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificate of registration.
Prior to Filing: usage of the mark prior to filing is important to acquire distinctiveness for generic and descriptive marks through continuous usage of the marks in commerce.