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Trademark registration in Belarus

Belarus is a country located in Central Europe (between Russia and Europe) that helps create a strategic location in trade and transportation. Belarus has a developed transport and transport system, including rail and road links connecting to many neighboring countries. This increases Belarus’ importance in transporting goods and logistics services, making the country an important junction between East and West. Belarus has a developed heavy industry, with an emphasis on machinery production, equipment, and processing industry. This creates opportunities for exports and investment in the manufacturing sector. In addition, Belarus has a high-quality workforce and quality education, which can make the country an attractive partner for international businesses. Currently, Belarus has established free economic zones to attract foreign investment and promote international business. Therefore, more and more businesses are investing in the Belarusian market. To develop your brand here, the first thing is that businesses must register trademarks to be able to distinguish them from other competitors in the market. Therefore, Viet An Law would like to guide customers preliminarily on the procedure for trademark registration in Belarus through the article below.

Belarus Intellectual Property

Legal basis

  • Law of the Republic of Belarus No. 2181-XII of February 5, 1993, on Trademarks and Trademark Services (amended to Law No. 243-Z of January 9, 2023).

The concept of “trademark” in Belarus

Trademarks, Service Marks, Trade Names, and Trade Names are marks used to identify and distinguish goods or services produced or provided by a particular individual (or business) from similar goods or services of other individuals (or businesses).

Signs that can be registered as trademarks include one or a combination of elements:

  • Words, including given names
  • Colour
  • Letter
  • Number
  • Two-dimensional or three-dimensional images, including the shape of goods and their packaging

In addition, a number of other marks may also be registered as trademarks in accordance with Belarusian legislation.

Colors or color combinations can be registered as trademarks.

Filing and proceeding with the procedure for registration of a trademark in Belarus

The applicant can file the application himself and proceed with the procedure for registration of the trademark at the Belarusian Intellectual Property Office.The applicant can also hire a lawyer specializing in intellectual property (called an “industrial property representative”) registered with the Belarusian Intellectual Property Office to assist with the process.

For applicants with their principal place of business or official residence abroad, or lawyers specializing in their foreign intellectual property, the filing and proceedings for trademark registration in Belarus must be done through an industrial property representative registered in Belarus. Unless otherwise provided for in international treaties to which Belarus is a party.

Trademark registration dossier in Belarus

Each trademark or service mark requires a separate registration dossier The registration dossier must include the following documents: You can download the application form via the link below https://www.ncip.by/upload/ed_request.pdf

  • Application for registration: state the applicant’s information, business or residential address.
  • Registration marks: symbols/images or descriptions (if necessary) of a trademark/sign, including colors or color combinations if ownership rights on such colours are desired.
  • List of registered goods/services: classified according to the International Classification of Goods and Services.
  • Receipt of payment of fees: receipt of payment of standard trademark registration fees (or proof of payment).
  • Power of attorney: filed when the applicant authorizes an intellectual property attorney to carry out the procedure.
  • Notarized copy of the original application: if the application is registered under the Paris Convention for the Protection of Industrial Property (application under the Convention).
  • Copy of additional trademark images: comply with clause 62 of Chapter 3 of the Regulations on procedures for registration of trademarks and service marks.
  • Regulations of collective marks: filed when registering a collective mark.

Trademark registration fees in Belarus

  • Application fee and preliminary assessment:
    • A group of goods/services: 10 basic units
    • More than one group of goods/services: 10 basic units + 5 basic units for each group of goods/services after the first group of goods/services
  • Detailed appraisal: 28 basic units

Note: 

The basic unit (Russian: базовая величина) is the currency used to calculate certain fees, taxes and other payments in Belarus. The value of the basic unit is periodically adjusted by the Government of Belarus based on the level of inflation.

As of November 14, 2023, 1 basic unit is equivalent to 29.42 RUB (Russian Ruble) or 0.43 USD (US Dollar).

How to file for trademark registration in Belarus

To file for trademark protection in Belarus, you can apply by the following filing methods:

  • Direct submission: You can go directly to the office of the National Center for Intellectual Property (NCIP) of Belarus in ul. Kozlova, 20 220034 Minsk for filing applications and related documents.
  • By Post: You can send your application and all necessary documents via postal service or courier service to the address of the National Center for Intellectual Property (NCIP) of Belarus at ul. Kozlova, 20 220034 Minsk l.
  • Submit online via website:

https://portal.ncip.by/ncis-public When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Belarusian Office of Corporate Work and Intellectual Property. Note, currently, the Portal can only be accessed using the Internet Explorer browser. To access the Portal, copy portal.ncip.by link and open it in the Internet Explorer browser.

Trademark registration in Belarus through the Madrid system

Belarus is a member of the Madrid System for the International Registration of Trademarks, meaning that trademark owners can submit a single international application for trademark protection to a number of 130 member states, including Belarus. This can be a more efficient and cost-effective way to protect international trademarks than filing individual applications in each country.

To use the Madrid System in Belarus, the applicant must first file an international application with the trademark office of his country of residence or an intergovernmental organization that is a member of the Madrid System. The international application will then be forwarded to the International Bureau of the World Intellectual Property Organization (WIPO), which will send the application to the trademark offices of the designated countries, including Belarus.

The registration process usually takes about 18 months. After the trademark is registered in Belarus, it will be valid for 10 years and can be renewed for another 10 years thereafter.

Trademark registration dossier under the Madrid System

The Madrid Application consists of the Madrid Single of Vietnamese origin and the Madrid Single with the Vietnamese designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

  • Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
  • 02 MM2 declarations according to the form of the International Office in English or French;
  • 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
  • 02 MM18 declarations in English (if the application has a US designation);
  • Written authorization in Vietnamese (According to the form of Viet An Law Firm);
  • Documents of payment of fees for international registration of trademarks of Vietnamese origin;
  • Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

  • Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
  • Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Benefits of using the Madrid System in Belarus

  • Cost savings: Filing a single international application can be cheaper than filing individual applications in each country.
  • Efficiency: The Madrid system simplifies the registration process and reduces the administrative burden for trademark owners.
  • Centralized Management: Trademark owners can manage their international trademark registrations through a single software.
  • Extensive protection: The Madrid system allows trademark owners to protect their trademarks in multiple countries with a single application.

Trademark registration service in Belarus of Viet An Law Firm

  • Carry out the search and notify customers in writing the results of trademark search in Belarus;
  • Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Belarus on behalf of trademark owners;
  • Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Belarus;
  • Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Belarus.
  • Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Belarus, please contact Viet An Law Firm for the most effective support.

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