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LAW OF THE REPUBLIC OF BELARUS

of February 5, 1993 No. 2181-XII

About trademarks and service marks

(as amended on 09-01-2023)

This Law governs the relations arising in connection with registration, legal protection and use of trademarks and service marks.

Section I. Trademark and service mark, their legal protection

Article 1. Trademark and service mark

1. The trademark and service mark (further – the trademark) the designation promoting difference of goods, works and (or) services (further if other is not provided, – goods) one person from uniform goods of other persons is recognized.

2. As trademarks verbal designations, including proper names, color, combinations of flowers, alphabetic, digital, graphic, volume references, including form of goods or its packaging, and also combinations of such designations can be registered. Other designations can be registered as trademarks in the cases provided by legal acts.

3. The trademark can be registered in any color or color combination.

Article 2. Legal protection of the trademark

1. Legal protection of the trademark in the Republic of Belarus is performed based on its registration in the public institution "National center of intellectual property" (further - patent body) according to the procedure established by the legislation on trademarks or owing to international treaties of the Republic of Belarus.

2. The trademark can be registered addressed to the organization or physical person.

3. The right to the trademark is protected by the state. On registered trade mark the certificate in the form established by the republican state body pursuing state policy, exercising regulation and control in the sphere of protection of the rights to intellectual property items is granted (further – authorized state body). The certificate on the trademark certifies trademark priority, exclusive right of the owner to the trademark concerning the goods specified in the certificate and contains the image of the trademark.

Article 3. Exclusive right on the trademark

1. The owner of the trademark has exclusive right to use the trademark, can dispose of this exclusive right, and also has the right to forbid use of the trademark by other persons.

The exclusive right on the trademark arises from registration date of the trademark.

2. Nobody can use the trademark protected in the territory of the Republic of Belarus without the permission of its owner.

3. Violation of exclusive right on the trademark use of the trademark or designation similar to it to extent of mixture, without the permission of the owner of the trademark, expressed in making of actions, stipulated in Item 1 article 20 of this Law, concerning uniform goods, and also heterogeneous goods designated by the trademark, acknowledged well-known in the Republic of Belarus is recognized.

4. Use of this trademark in respect of the goods legally introduced into civil circulation in the territory of state members of the Eurasian Economic Union (further – the Union) directly the owner of the trademark or other person with the consent of the owner of such sign is not recognized violation of exclusive right on the trademark.

Article 4. The absolute bases for refusal in registration

1. Registration as trademarks of designations is not allowed:

1.1. not having distinction signs;

1.2. entered the general use as designation of goods of certain type;

1.3. being the commonly accepted symbols and terms;

1.4. in which dominant position is held by the signs and (or) instructions used for designation of type, quality, quantity, property, appointment, value of goods and also time, the place and method of their production or sale;

1.5. representing the form of goods or its packaging which are determined only or mainly essence or the nature of goods, need of achievement of technical result, essential value of goods.

2. The designations specified in subitems 1.1-1.3 and 1.5 of Item of this Article can be included in the trademark as unprotected elements if they do not hold in it dominant position.

2-1. Conditions under which designations, signs and (or) instructions hold dominant position are established by Council of Ministers of the Republic of Belarus.

3. Provisions, stipulated in Item 1 this Article, can not be applied to designations which for date of application for registration of the trademark actually acquired distinctive capability as a result of use.

4. Registration of the trademarks consisting only of the designations representing the State Emblems, flags and emblems, official names of the states, flags, emblems and the reduced or full names of international intergovernmental organizations, official control, warranty and assay brands, awards and other distinctions or the designations similar to them to extent of mixture is not allowed. Such designations can be included as unprotected elements in the trademark with the consent of competent authority or their owner if other is not provided by part three of this Item.

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