Trademark application fees in Belarus
Fees associated with filing trademark applications in Belarus as well as other trademark charges are available in the fee calculator.
Multiple-class Trademark applications
Multiple-class trademark applications are possible in Belarus.
Trademark Application Filing requirements in Belarus
The official languages of the proceedings before the Belarusian Intellectual Property Office are Belarusian and Russian.
To obtain a filing date, an applicant must provide the Trademark Office with the following:
– a request for trademark registration;
– name and address of the applicant;
– a representation of a trademark;
– a list of goods and/or services.
Legalization or notarization of Power of Attorney is not required. It should be provided simultaneously with filing a trademark application or within two months from the filing date.
A certified copy of the Priority Document must be provided within three months from the filing date of the trademark application in Belarus. If the priority document is not in Russian or Belarusian, a notarised translation thereof must accompany the document.
The term for filing a trademark application in Belarus claiming conventional priority is six months from the priority date.
Examination, publication, and opposition to a Belarusian trademark application
Trademark applications in Belarus undergo both formal and substantive examination. Within two months from the Office’s decision to accept the application, it is published on the official website. The opposition period is not stipulated for a trademark application in Belarus. However, non-official observations can be sent to the Trademark Office during the whole examination procedure.
Grant, validity term, and trademark renewal in Belarus
The official fees for registration and publication should be paid within three months from receipt of the decision on registration. A trademark in Belarus is valid for ten years from the filing date. It can be renewed for further periods of ten years if a request for renewal is filed within twelve months before the expiry date of the last registration. Late renewal is possible within 6 months after the renewal due date provided that a surcharge is paid. Reinstatement of a lapsed trademark is not possible.
Duration of the registration procedure of Trademark Application
The processing time from filing to registration is approximately 10-12 months provided that no objections are raised by the Registrar during the examination and no oppositions are filed.
Use requirement
The legal protection of a trademark in Belarus may be canceled in respect of one or part of goods/services in consequence of continuous non-use of a trademark during any three years from the date of registration.
Representation by a Belarusian trademark attorney
Foreigners must perform a trademark prosecution in Belarus through an agent, a registered Belarusian trademark attorney.
Notes
1. Online Search Databases: Belarusian Trademarks, International Trademarks.
2. Applications should be filed in the name of one applicant only in Belarus.
3. Response to the provisional refusal of an international trademark registration must be filed within three months from the date of its receipt by the holder. The request for time extension may be filed a few times (with the total maximum duration of extension being 18 months). Evidence of the date of receipt must be submitted together with a response. It is necessary to appoint a local representative for filing the response and/or requesting a time extension. The response must be filed in Russian or Belarusian. Final refusal may be appealed within 1 year from the date of its receipt.
If you have any queries related to the Trademark filing in Belarus, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.