Fees associated with filing trademark applications in Belarus as well as other trademark fees are available in the fee calculator.
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Multiple-class applications
Multiple-class trademark applications are possible in Belarus.
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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. Besides, Power of Attorney should be executed by an authorized signatory.
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 certified 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.
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Examination, publication and opposition to a trademark application in Belarus
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.
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Grant, validity term, and trademark renewal
The official fees for registration and publication should be paid within three months from the date of forwarding 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.
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Duration of registration procedure
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.
The legal protection of a trademark in Belarus may be cancelled in respect of all list of goods/services or a part of it in consequence of continuous non-use of a trademark during any three years from the date of registration.
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Representation by a trademark attorney
It is necessary for foreigners to perform a trademark prosecution in Belarus through an agent, a registered Belarusian trademark attorney.
1. Online Search Databases: Belarusian Trademarks, International Trademarks.
2. Application should be filed in the name of one applicant only in Belarus.
3. Response to the provisional refusal of 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 response. It is necessary to appoint a local representative for filing the response and/or requesting a time extension. Response must be filed in Russian or Belarusian. Final refusal may be appealed within 1 year from the date of its receipt. Evidence of the date of receipt must be submitted together with the appeal.
Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 28.02.2023
Please contact us if the above information is not in conformity with Belarusian IP Laws