You have  item(s) in your Shopping Cart
Delete Items Check Out
False
  • Domain Services
  • Trademark Services
  • Support
Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Trademark Study
Before filing your trademark in Belarus, you must evaluate any issues that may arise during the registration process. Our Comprehensive Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
Graphic and phonetic similarity trademark search report
Trademark attorney's analysis and advice
Trademark class recommendation
Order >> Prices
Step 2 - Trademark Application
Specialized attorneys will file your trademark application in Belarus and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
Process Handled by Experienced Trademark Attorneys
Filing the Report & a Scanned Copy of the application
Tracking the Registration Process Online
Order >> Prices
Step 3 - Trademark Certificate
Once your trademark application is approved, our attorneys complete all the formalities necessary to obtain the registration certificate in Belarus. After the certificate is issued, it is forwarded to your address along with a registration report specifying the registration number, registration date, and any special consideration that should be taken into account in Belarus.
Process Handled by Experienced Trademark Attorneys
Delivery of Registration Certificate & Report
Monitoring & Notification of Important Dates
Order >> Prices
Basic
Extensive
One Class
Add. Class
One Class
Add. Class
One Class
Add. Class
Prices are in
 Frequently Asked Questions
Trademark Registration
Plus
Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

Plus
If I register my trademark in Belarus, do I have protection in other territories?

The registered trademark obtains protection only in the territorial limits of the Republic of Belarus.

Plus
Do I need to sign a Power of Attorney?

Yes. Applicants are required to sign a Power of Attorney.

Plus
What are the phases of application after a trademark has been filed in Belarus?

Application for a trademark in Belarus goes through 4 phases.

  1. The first phase is called “formality examination.” At this stage, the application is examined according to compliance with requirements.
  2. The second phase is called “examination” where the application can be refused by trademark officers on the grounds of proprietary rights or an earlier registration.
  3. The third phase is called “registration” where the mark is registered once it passed the first and second phases.
  4. The final phase is called “publication.” At this stage, information about the mark is published for third parties to see and file for the opposition if necessary.
Plus
Is there any possibility to claim priority in Belarus?

Yes. Applicants may claim for expedited processing if these conditions are met:

  • The Paris Convention is effective in the applicant’s home country
  • The application in his home country was filed within 6 months preceding the application in Belarus
  • International Registration is recognized in Belarus
Plus
What do I need to do to satisfy the use requirement?

Trademark owners in Belarus are mandated to use the mark within 3 years from the date of registration. Use must be for commercial purpose and must take place within the jurisdiction of Belarus.

Plus
Once my trademark has been registered, for how many years will be valid?

The validity of a registered mark lasts 10 years counting from the date when the application was filed.

Plus
Does having a registered trademark in Belarus give me any right?

It is mandatory to register a trademark in order to secure ownership rights. The rule “first to file” is effective in Belarus.

Plus
Is there any need to use my trademark before I apply for registration?

No. Applicants are not required to use or to have the intention to use the mark prior to application.

Plus
Who can contest my trademark application?

All affected parties or anyone may contest the application for a trademark.

Plus
Is it possible to cancel a registration?

Yes. A registration of a trademark is cancellable on these grounds:

  • Conflict with an earlier registered mark
  • Breach of copyright
  • Rights in a media, company or personal name
  • Mark is functional, generic, descriptive, and/or deceptive
  • Rights in a design
  • Rights under the Paris Convention specifically Article 6bis, Article 6ter, Article 6septies and Article 8
  • Marks that contradict principles of morality or public policy
  • Marks that consist of a geographical indication
Plus
Are there any rights established by having a registered trademark?

Yes. A registered trademark secures the owner of the following rights:

  • Right to use the mark exclusively
  • Right to petition for the cancellation of a later conflicting application
  • Right to petition for the removal of confusingly similar trademarks from fake goods
  • Right to file for an infringement case against third parties that are copying or using the mark without permission
  • Right to demand for damages from infringing parties
  • Right to appeal for the destruction of advertising materials – print and internet – that use a confusingly identical mark
  • Right to appeal for the confiscation of counterfeit goods using the registered the mark
  • Right to provide license to interested parties to use the registered mark
Plus
How long is the opposition period?

Third parties may start opposing an application on the date it was published on the patent bulletin and will end 5 years after that date.

Basic Concepts
Plus
What is a trademark?

A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.

With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.

SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.

Plus
What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

Plus
Do I have to specify the products and services?

Yes, you have. It is not possible to register trademarks that are too descriptive or generic. For example, you cannot register the term 'CAR' for automobiles. You also cannot register a trademark that is like other marks. For example, you cannot register a trademark like HAMASON as an online bookstore because it resembles the Amazon brand name.  

If you are unaware of which class or classes best protect your goods and services, we recommend you order the Trademark Study. Our experienced attorneys will review your product or service description and match it to the class or classes most for your business activity. 

Plus
What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.  That means if you apply for a trademark in Canada, five months later, you can apply for a trademark in France using the effective date of your Canadian application.

We strongly recommend that you submit your additional applications as soon as possible after your base application.  Many countries have strict requirements regarding the type of documentation required in order to claim priority (sometimes including legalization and translation of the original application). 

Plus
What happens if oppositions or objections arise during the registration process?

The purpose of the Trademark Study is to assess the probabilities of objections and oppositions. If objections or oppositions arise, Nominus.com relies on experienced Trademark Attorneys that will guide you in the appropriate course of action.

Upon notification of an office action or opposition, we strive to:

  • Communicate the details of the action to you as quickly as possible.
  • Include future steps and possible arguments.
  • Monitor deadlines and explain the costs to prepare and submit a response, if applicable.
     
Trademark Search
Plus
Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a trademark search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

Plus
What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use our free trademark search engine, or others like the TMView trademark search engine, to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that shows no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

Plus
Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time-consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a complete trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

View all

viewall
viewless