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Trademark Renewal
In Belarus in order to maintain the validity of a trademark registration you must renew it every 10 years. The renewal process is fairly simple, you will need to provide trademark registration details and send us a power of attorney.
Fast and easy Process
Delivery of the official renewal acceptance receipt
Trademark attorneys in charge
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Our Service
Attorneys
Attorneys
Each application will be handled by experienced local Trademark Attorneys ensuring that all legal requirements are met.
Legal Defenses
Legal Defenses
In the event that your trademark is objected, our Attorneys will inform you and advise you on the best possible option path.
Communications
Communications
You will be assigned a dedicated Account Manager that will be your point of contact for all communications.
Tracking
Tracking
In our admin panel, you will able to track and review the status of process of any requested service.
 Frequently Asked Questions
Trademark Registration
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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.

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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.

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Do I need to sign a Power of Attorney?

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

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Are there any benefits from a pre-filing use of the trademark?

There are minimal benefits from the pre-filing use of a trademark namely:

  • Can be used as a proof of the mark’s distinctive quality.
  • Can be used to cancel oppositions on the grounds of non-distinctiveness
  • Can be used to claim priority if the territory is a Paris Convention member 
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Will there be problems in case I don’t use my trademark after registration?

Yes. When a registered trademark remains unused for consecutive 3 years, a third party may file for a cancellation order and the court may also cease giving protection for the registered mark.

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What are the types of trademark that can be registered in Belarus?

The following signs or marks are registrable in Belarus:

  • Names
  • Colours
  • Words
  • Get-up or trade dress
  • Shapes having 3 dimensions
  • Well-known marks
  • Service marks
  • Collective marks
  • Combination of the above marks
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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.
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What type of trademark is not registrable?

The following signs or marks are NOT registerable in Belarus:

  • Marks that are against principles of public morality or policy
  • Marks that use international, regional/state/national name or flag and symbols
  • Marks that do not show distinctiveness
  • Marks that are considered as generic
  • Marks that are primarily used as a surname or family name
  • Marks that are descriptive of the goods/services’ purpose
  • Marks that use universal terms or symbols
  • Marks that resemble or represent the shape of a product
  • Marks that mislead consumers about the product’s origin, nature or producer
  • Marks that mislead consumers about the origin of spirits, liquors or wines
  • Marks that have a strong resemblance to another trademark that may confuse consumers
  • Marks that use protected geographic indications
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Does Belarus use the "Nice Classification" system?

The system of Nice Classification is followed in Belarus.

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Does the Community Trademark apply for Belarus?

The Community Trademark does not take effect in Belarus.

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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
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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.

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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.

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What will be the renewal date of my trademark?

Count 10 years from the date when the application was filed.

 

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Is it legal to use my trademark even if it is not yet registered?

It is legal to use unregistered trademarks for commercial purposes such as selling of services/goods.

 

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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.

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What is the web address of the trademark national office?

The online address of Belarus trademark office is available @ http://www.belgospatent.org.by/

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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.

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Can a Trademark Application be opposed?

Yes. Third parties may oppose an application on these grounds:

  • Conflicting or earlier registration
  • Violated rights under the Paris Convention - Article 6bis
  • Marks that use protected names or places of origin in Belarus
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Who can contest my trademark application?

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

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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
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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
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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.

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Is Belarus a member of the Madrid System?

Yes. Belarus is a signatory of both the Madrid Protocol and the Madrid Agreement.

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Do I need to present periodic statement of use?

Statement of trademark use is not required.

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When should I renew my trademark?

Renewals are done every 10 years from the last renewal date.

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What will be the renewal date of my trademark?

Count 10 years from the date when the application was filed.

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Is there any documentation that should be presented when renewing a trademark?

Yes. The following documents must be presented when renewing a trademark: certificate of state fee payment, application for renewal, and a power of attorney.

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If my trademark expires, do I have a grace period?

You have 6 months grace period to restore an expired trademark.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through 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 symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

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

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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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 are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the "Nice International Classification".

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use the identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

 
Trademark Search
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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? In the United States, under what common law, people can lay claim to a mark if they use it. It is not necessary to formally register a trademark. This fact and the sovereignty states have over the creation of chartered business entities and trade names, makes a trademark search imperative before one spends time and money registered a trademark.     

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing 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.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

 
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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 free online resources like our Trademark Searchengine, or the Trademark Electronic Search System(TESS) offered to the public by the US Patent and Trademark Office(USPTO) 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 show 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 a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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How do I perform a trademark search?

First, we recommend your start by defining the class you want to register. You can find your class, using our Trademark Class Search tool. Using this tool you enter your product/service, and it will tell you the class or classes you should register.

After you have found your class(es), you can go directly to your country's Trademark Office and perform the search there. You can also try our Trademark Search engines. 

When searching, try different combinations of your name. For example, if you are searching for AMAZON, look for AMASON, HAMAZON, or similar word patterns. Try several different combinations of words and spellings.

Notice that several countries do not have online trademarks databases. You must go to local Trademark Office and ask for a list of trademarks.

Trademark Search may be challenging and time-consuming and, if you do not have the time or experience, our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where you might want to register your trademark, it will also include a list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find a professional help. Our company offers the offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list of identical and similar trademarks, and finally it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

 
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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using our Trademark Search engine. If not, we recommend hiring a trademark attorney or trademark service like Marcaria.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended many months and cost 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 marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Marcaria.com Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

 

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