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06-14-2016 (Newsletter Issue 11/16)
Law On Trademarks and Service Marks Amended
The Law “On amendments and additions to some laws of the Republic of Belarus on issues of Trademarks and Service Marks protection” was adopted on January 5, 2016. The amendments will enter into force on July 15, 2016.

It is expected that the Regulation “On the Procedure of Registration of Trademark and Service Mark” will be agreed upon the main Trademark Law of the Republic of Belarus in the near future.

The major changes to the Law are defined below.

Grounds for refusal of registration
The list of grounds for refusal of registration was added and amended. Previously, registration of the trademarks consisting exclusively from marks or indications used for a designation of a kind, quality, quantity, property, purpose, value of the goods, and also of a place, time, and process of their manufacturing or selling, were not allowed. According to the amendments, registration will be refused if the mark or indication dominates in the applied sign. Also, signs, identical or similar to the extent of confusion to the plant variety or designs protected in Belarus in relation to goods of the same kind, the right to which is arisen prior to the filing date of such trademark application, will not be registered as a trademark.

Statement of classes according to the International Classification of Goods and Services
The list of goods and indication of a respective class (classes) grouped according to the International Classification of Goods and Services must be indicated in the application. Previously such indication was optional.

Filing of application (payment of fees and filing of POA)
The document confirming the payment of the patent duty in the established amount and a document confirming the powers of the patent agent should be filed simultaneously with the application or within two months from the filing date. The above-mentioned possibility has not been stipulated earlier: both documents were required to be filed simultaneously with the application.

Duration of expert examination of requested sign
Expert examination of a requested sign which is effected upon the end of the preliminary expert examination shall be conducted within two years from the date of acceptance of trademark application into consideration.

Restoration of the missed time limits
According to the amendments, following terms could be restored:
The time limit for responding to preliminary expert examination request; for responding to expert examination request; for submission of a petition for conducting an expert re-examination and the time limit for loading a complaint with the Appeal Council.
It is possible to restore mentioned time limits within three months from the date of their expiration on condition that restoration fees have been paid and the reasonable excuse of time limit expiry has been proved.

Publication of data about trademark application and registration
The data of the trademark application which was accepted for consideration will be published on the official website of the patent body within two months from the date of acceptance for consideration. Publication of the data about trademark application has not been stipulated earlier.

At the same time, the data relating to the registration of a trademark and entering in the Register will be published in the official edition of the patent body within two months after the date of registration of the trademark in the Register instead of three months which were established previously.

Recognition of Trademark as Well-Known
The data on well-known trademarks were published in the official bulletin within three months from the date of their entering in the list of well-known trademarks. This term has been reduced to two months.

Also, the term for appealing the Decision of the Appeal Council was reduced from one year to six months.

Moreover, some changes to the Regulation “On the Procedure of Registration of Trademark and Service Mark” have been announced at the meeting with the patent attorneys of the Republic of Belarus, which was held on May 30, 2016. The changes include the following:
- The information about divisional and conversed trademark applications will be clarified;
- A new form of PoA is planned to be implemented. Applicant must manually indicate full list of attorney’s power by himself;
- The payment term of fees related to certificate issuance, trademark registration in the State Register and its publication will be prolonged. After expiration of the 2-month term, it will be possible to pay the above-mention fee during three extra months together with a 50% surcharge.

Source: Mikhailyuk, Sorokolat and Partners, Ukraine


07-14-2015 (Newsletter Issue 11/15)
Arbitration Court Established
The National Legal Internet Portal of the Republic of Belarus announced on its website that an Arbitration Court concerning information technologies and intellectual property was established in the Republic of Belarus.

The main activities of the Arbitration Court extend on disputes between legal entities and (or) natural persons in the sphere of information technologies and intellectual property such as:
- Disputes on recognition and contestation of authorship;
- Disputes on enforcement to fulfillment, on improper fulfillment or non–fulfillment of the conditions of license or sublicense agreements;
- Disputes on collecting remuneration according to license or sublicense agreements;
- Disputes on cancellation of the license or sublicense agreements;
- Disputes on collecting of compensation, losses, reimbursement of income gained by the third party for illegal usage of intellectual property object, etc.;
- Disputes on restraining violation of the rights in respect of intellectual property objects, including violation of rights taking place in the Internet.

Moreover, other disputes in the sphere of information technologies and intellectual property also fall within the competence of said Arbitration Court.

Source: Mikhailyuk, Sorokolat & Partners, Ukraine


03-18-2014 (Newsletter Issue 5/14)
Accession to Singapore Treaty
WIPO presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Republic of Belarus on February 13, 2014, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Republic of Belarus, on May 13, 2014.

Source: www.wipo.int


03-12-2013 (Newsletter Issue 3/13)
Amendments to Trademark Law in Force
In accordance with the Law “On introduction of changes and amendments to some laws of the Republic of Belarus in matters of legal protection of intellectual property ”, the latest amendments to the Belarus Law “On Trademarks and Service Marks” came into force on January 15, 2013.

There are two main issues:

First, the national regime of exhaustion of trademark rights has been substituted with a regional regime. This amendment has been introduced in pursuance of Article 13 of the Agreement on Unified Principles of Regulation in the Sphere of IP Rights Protection, signed by Belarus, one of the current three member states of the Customs Union of Belarus, Russia and Kazakhstan. According to the amended Article 20.5 of the Belarus trademark law, the use of a trademark with respect to goods placed on the market in the territory of the member states, signatories of the agreement, by the trademark owner or with his consent, is not considered an infringement of the exclusive trademark owner’s rights. In other words, as of January 15, 2013, trademarks owners are not able to stop the import of goods into Belarus from Russia and Kazakhstan and/or prevent any other use of their trademarks in Belarus with respect to the goods which have been placed on the market in Belarus, Russia or Kazakhstan by the trademark owner or with his consent.

Another important amendment that has been introduced to the Belarus trademark law is Article 24, according to which trademark license agreements, trademark assignment agreements or trademark pledge agreements with respect to trademark rights valid on the territory of Belarus are considered null and void unless registered with the Belarus PTO. Before this amendment came into force, the registration of trademark-related agreements in Belarus was not obligatory.

Source: PETOŠEVIĆ


01-18-2013 (Newsletter Issue 1/13)
Accession to Singapore Treaty
On November 27, 2012, the Belarus parliament approved the draft law “On accession of the Republic of Belarus to the Singapore Treaty on the Law of Trademarks”.

The Singapore Treaty will enter into force after Belarus deposits its instrument of ratification with the World Intellectual Property Organization (WIPO) Director General.

The Singapore Treaty, adopted in Singapore on March 27, 2006, establishes common, international standards for trademark registration procedures.

Source: PETOŠEVIĆ


11-13-2009 (Newsletter Issue 4/09)
Trademark Law Amended
On July 15th, 2009 Belarus passed the Law on the Introduction of Amendments to the Law of Republic of Belarus on Trademarks and Service Marks. The Law enters into force on January 25th, 2010.

The amendments shall bring Belarusian law in line with European countries' laws in order to facilitate eventual accession of the country to the World Trade Organization (WTO).

Among other novelties, a chapter on well-known marks is added to the Law, which introduces a definition of a well-known mark an specifies the procedure for recognition of a mark a well-known. The Law is to establish that the term of protection for a well-known mark is infinite, unless its status is successfully changed.

Further there will be the following amendments with regard to the registration procedure of trademarks:

The Law states that it is allowed to register a trademark which term of legal protection has expired, in the name of a new owner not earlier than six months after the expiry of registration. However, if the mark owner has voluntarily withdrawn its trademark registration, the new applicant may register the mark without waiting six months.

The non-use grace period is reduced from five to three years.

The use of trademarks in the Internet and domain names are accepted by the Law.

The Law will not apply to applications that will be pending as of January 25th, 2010.


Source: Dr. Sergey Vinogradov, Pag-e-Pag, Minsk, Belarus and www.bakermckenzie.com

Legal basis is the Trademark Act of February 5, 1993. The latest amendments were passed on January 5, 2016.
Belarus is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 10th edition
Trademark Act, Art. 1
1. A trademark and service mark (hereinafter – trademark) is recognized to be a sign facilitating the distinguishing of goods and/or services (hereinafter – goods) of one person from goods and/or services of the same kind of other persons.
2. As trademarks may be registered signs consisting of words, including proper names, combinations of colours, signs consisting of letters, numbers, graphics, three-dimensional signs, including the form of the good or its packaging, and also combinations of such signs. Other signs may be registered as trademarks in cases provided by the legislative acts of the Republic of Belarus.

The following trademark types are registrable: trade marks, service marks, collective marks.
The application is filed at the National Center of Intellectual Property.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 28-30 months.
An accelerated registration is possible on the condition of payment of additional fees (approx. 12 months).
After registration, the trademark is published in the Official Bulletin.
National:
There is no procedure for official consideration of oppositions throughout the process of application and registration. Informal observations, in the form of a letter of protest, may be submitted to the Trade Marks Registry/Office throughout the process.

Cancellation of a trademark registration on the basis of a prior registered trademark or appellation of origin is allowed only within 5 years from the date of registration publication of the contested trademark. Cancellation on the basis of other grounds is allowed throughout the validity of the trademark registration.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months starting from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has later not been used for 5 years continuously, it may be subject to cancellation. For trademarks registered after January 25th 2010, the period of non-use of a trademark reduces from five to three years.
The use of trademarks on the Internet and in domain names is accepted by the Law.

Further practical details are available in our publication on this topic here
Official fees in Belarus are approved in USD. The official fee for filing a trademark application is USD 450 for one class and USD 50 for each additional class. Well-known marks are registered according to a special procedure in the register of marks recognised famous in Belarus. A registered well-known mark covers ALL goods and services. The official fee is USD 1,000.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 310,00 € 110,00 € 
Word Mark Search (identical) 90,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
05-18-2016
Mikhailyuk, Sorokolat and Partners, Kharkov, Ukraine  

08-25-2015
PETOŠEVIC Client Service Office, Overijse, Belgium

03-01-2013
PETOŠEVIC Client Service Office, Overijse, Belgium

03-05-2012
LexPatent, Minsk, Belarus

11-21-2010
PAG-E-PAG, Minsk, Belarus  



PAG-E-PAG



Sergey Vinogradov

Sergey Vinogradov
34, 2-nd Mozhayskogo per.
220040 Minsk
Belarus (BY)
Tel +(375) 172 37 30 75
Fax +(375) 172 37 90 90
info@e-pag.com
www.e-pag.com

Established in 1993 the firm offers a full range of services in IP protection in Belarus, Eurasia and CIS states. It is one of the largest IP firms in the country known for its network of good relations to selected reliable colleagues in the ex-SU states. The client base is national and international. The qualified staff has legal and technical background in different fields.
Areas of Practice are Patents, Design Patents, Trademarks, Licenses, Copyright, Unfair Competition Law; Civil Law; Business Law.
The contributing person, Dr. Sergey Vinogadov is a Belarusian Patent and Trademark Attorney; a Eurasian Patent Attorney and a member of AIPPI, LES, INTA, AIPLA.

National Center of Intellectual Property of the State Committee on Science and Technologies of the Republic of Belarus
20 Kozlov Str.
220034, Minsk
Belarus
Tel +375 17 290 44 22
Fax +375 17 285 26 05
www.belgospatent.org.by

Eurasian Patent Organization (EAPO)
M.Cherkasskiy per. 2
109012 Moscow
Russian Federation
Tel +7 495 41 16 15 0
Fax +7 495 62 12 42 3
Mail hotline@eapo.org
www.eapo.org

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int