MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to trademark registration in Belarus including trademark search, registration, renewal of a trademark certificate, preparing and recordal of assignment and license agreements, recordal of changes as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Overview of the trademark registration procedure in Belarus:
After the completion of filing, the official notification of the receipt of the Application is issued within 3-4 months. Then the Belarus trademark application undergoes substantive examination for about 20 months. On condition that the trademark meets the requirements of protectability the grant decision is issued. After payment of the registration fee the certificate of registration is issued within 3-4 months.
The online trademark search is available on our website in order to determine whether there are any similar or identical trademarks registered or filed with the Belarus Patent Office (National Center of Intellectual Property)
The entire procedure of trademark registration in Belarus takes from 20 to 24 months.
Foreign applicants must be represented before the Office by a registered Belarus trademark attorney.
For filing a trademark application in Belarus we need:
- Name and address of the applicant;
- Prints of the trademark;
- List of goods and/or services in accordance with the international classification;
- Certified copy of priority document if priority is to be claimed (may be filed to the Belarus Trademark Office within three months from the filing date);
- Signed Power of Attorney, legalization and notarization are not required (may be filed to the Belarus Trademark Office within two months from the filing date).
Opposition period against trademark application in Belarus is not stipulated. However an informational letter can be filed to the Trademark Office within the whole examination period in order to draw examiner's attention to non-compliance of the applied mark with protectability requirements.
Grounds, institutions and terms for filing a cancellation after registration:
1. Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from publication;
2. Cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
3. Cancellation based on non-use may be filed to Court. The grace period is 3 years from registration, if an application is filed before 2010 the grace period is 5 years from registration.
Trademark validity and renewal:
A trademark in Belarus is valid for 10 years from the filing date and can be further renewed every 10 years. In Belarus it is possible to apply for a trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a stipulated fine. Reinstatement of a lapsed trademark (after the expiration of a grace period) is not possible.
1. Signed and stamped original of a Power of Attorney.
2. Original trademark certificate (not obligatory). In case of submission the original Certificate of Registration the information confirming renewal will be reflected in the Certificate. In case the original Certificate of Registration is not available, the Trademark Office will issue a Notification confirming the renewal.
For more information about trademark registration in Belarus or quotation for filing and prosecution of the Belarus trademark application please contact us.