Belarus (BY)
11-13-2009 (Newsletter Issue 4)
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 However, if the mark owner has voluntarily withdrawn its trademark registration, the new applicant may register the mark without waiting six months.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 July 24th, 2002. The latest amendments were passed on July 15th, 2009 effective from January 25th, 2010.
Belarus is a member of the Madrid Agreement and the Madrid Protocol. The international classification of goods and services consisting of 45 classes has been adopted.
Trademark protection is obtained by registration. Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, letters, numbers, devices, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The latest amendments introduced an additional section on well-known trademarks. It discloses the concept of a well-known trademark and determines the procedure of acknowledging a trademark to be well-known. The Law states that a well-known trademark enjoys unlimited protection. A ground for terminating legal protection of a well-known trademark is loss of notoriety in the Republic of Belarus among relative consumers in respect of a certain product group for which the trademark was acknowledged to be well-known.
The following trademark types are registrable: trade marks, service marks, collective marks and trade names.
Trademarks which were protected in the former Soviet Union are protected in Belarus only, if they were transcribed within the period stipulated (until August 5th, 1994).
The application is filed at the Patent Office (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. 2 years.
An accelerated registration is possible against payment of additional fees (approx. 8 months).
After registration, the trademark is published in the official “Gazette for Industrial Property of the Republic of Belarus”.
Opposition is possible throughout the process of application and registration. Opposition in respect of a prior registered trademark is allowed only within 5 years from the date of registration of the opposed trade mark.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
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. After January 25th 2010, the period of non-use of a trademark reduces from five to three years.
The use of trademarks in the Internet and in domain names is accepted by the Law.
The official filing fee is approx. EUR 155.00 for up to three classes and approx. EUR 35.00 for each additional class. Examination fee is EUR 310.00. 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 approx. EUR 620.00.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
380,00 € |
110,00 € |
| Word Mark Search (identical) |
360,00 € |
90,00 € |
| Extended Search (word mark, company name, domain) |
740,00 € |
110,00 € |
| Device Mark Search (availability) |
450,00 € |
150,00 € |
| Trademark Owner Search |
490,00 € |
|
| Company Name Search |
440,00 € |
|
| Domain Name Search (extended) |
72,00 € |
|
| i-Search (word mark availability + legal opinion) |
450,00 € |
150,00 € |
The Prices above are S.M.D. Markeur Search Fees