RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 28, 2009 No. 1719

About registration of the trademark and service mark

Based on Item 7 of article 6 of the Law of the Republic of Belarus of February 5, 1993 "About trademarks and service marks" and article 13 of the Law of the Republic of Belarus of July 23, 2008 No. 424-Z "About Council of Ministers of the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 2181-XII

1. Approve Regulations on order of registration of the trademark and service mark it (is applied).

2. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 17.02.2012 No. 156

2.2. in Item 1 of the resolution of Council of Ministers of the Republic of Belarus of March 21, 2009 No. 346 "About registration of license agreements, contracts of assignment, agreements of pledge of the rights to objects of the right of industrial property and agreements of the complex entrepreneurial license (franchizing)" (The national register of legal acts of the Republic of Belarus, 2009, No. 79, 5/29473):

2.2.1. from subitem 1.1.1 of subitem 1.1 and part two of the subitem

1.2 to exclude words of "trademarks and service marks";

2.2.2. from subitem 1.4.2 of subitem 1.4 of the word "trademark" to exclude.

3. No. 493 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 28.07.2023

4. This resolution becomes effective since January 25, 2010.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 28, 2009 No. 1719

Regulations on order of registration of the trademark and service mark

This Provision determines procedure for creation, giving and consideration of the request for registration of the trademark and service mark (further, unless otherwise specified, – the request), introduction of data on registration of the trademark and service mark (further – the trademark) in the State register of trademarks and service marks of the Republic of Belarus (further – the Register), changes, prolongation and the terminations of registration of the trademark.

Section I. Creation of the request

Chapter 1. General provisions

1. In this Provision terms in the values established in the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature" are used and also the following terms are applied:

AIS "Electronic Submission of Requests" – the automated information system "The Internet Portal for Electronic Submission of Requests for Objects of Industrial Property";

department of giving – national patent authority of state member of the Eurasian Economic Union to which the application for registration of the trademark of the Eurasian Economic Union is submitted;

the owner – the organization or physical person addressed to which the trademark is registered;

VOIS – World Intellectual Property Organization;

exhibition priority – trademark priority on start date of open display of exhibit on which the trademark, on official or officially to the acknowledged international exhibition organized in the territory of one of the State Parties of the Parisian convention is placed;

GKNT – State committee on science and technologies;

Agreement – The agreement on trademarks, service marks and names of places of goods origin of the Eurasian Economic Union of February 3, 2020;

the statement – the statement for registration of designation as the trademark;

The instruction to the Agreement – The instruction to the Agreement on trademarks, service marks and names of places of goods origin of the Eurasian Economic Union of February 3, 2020 approved by the Decision of Council of the Eurasian economic commission of May 18, 2021 No. 53;

the collective mark – the trademark of consolidation of persons which creation and activities do not contradict the legislation of the state in which it is created, intended for designation of the goods made and (or) realized by these persons, the performed works and (or) the rendered services having single quality or other general characteristics;

conventional priority – trademark priority by date of submission of the first request according to article 4 of the Parisian convention;

Madrid agreement – The Madrid agreement on the international registration of signs of April 14, 1891;

The international bureau – the VOIS International bureau;

MKTU – The international classification of goods and services for registration of signs;

uniform goods – the goods relating to the same sort (type) which when marking by similar trademarks can create at the consumer idea of accessory them to one producer;

Parisian convention – The Parisian convention on protection of industrial property of March 20, 1883;

the patent agent – the physical person certified and registered in the State register of patent agents of the Republic of Belarus;

the first request – the application submitted by the applicant in foreign state – the participant of the Parisian convention;

the inventory – the inventory, works and (or) services concerning which registration of the trademark is asked;

Protocol – Protocol to the Madrid agreement of June 27, 1989;

the certificate – the certificate on the trademark;

The union – the Eurasian Economic Union;

the trademark of the Union – the designation serving for individualization of goods, works and (or) services (further, unless otherwise specified, – goods) one person and protected at the same time in the territories of all state members of the Union;

the color model CMYK – the subtractive scheme of forming of color.

For the purposes of specifying in the request of data on the declared designation, inclusions of the trademark in the Register, as standard the Times New Roman font is recognized to the publication of the data relating to registration of the trademark, and execution of the certificate.

Chapter 2. Trademark

2. No. 493 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 28.07.2023

3. As trademarks the designations specified in Item 2 of article 1 of the Law of the Republic of Belarus "About trademarks and service marks" can be registered (further – the Law).

4. Designations in the form of words, phrases, combinations of the letters having verbal nature, offers belong to verbal designations, including proper names.

5. The designations which are consisting of letters and not having verbal nature belong to alphabetic references.

6. The designations consisting of figures belong to digital designations.

7. Verbal, alphabetic and digital references are carried out by Cyrillics, Latin or the Arab figures without any special font or graphical execution.

7-1. The designations presented in the form of one color belong to color.

8. The designations presented in the form of combination of two and more flowers belong to combinations of flowers.

9. Designations in the form of images of living beings, objects, natural and other objects, figures of any forms, including on the plane, compositions of lines, spots belong to graphic designations.

10. Designations in the form of objects or figures in three dimensions belong to volume designations, including form of goods or its packaging.

11. The designations representing combination of elements of different nature belong to the combined designations: verbal, digital, alphabetic, graphic, volume and others.

The designations representing words, letters and (or) figures in special graphical or font execution also belong to the combined designations.

12. No. 493 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus of 28.07.2023

13. Registration as trademarks of designations is not allowed:

13.1. not having distinction signs;

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

13.3. being the commonly accepted symbols and terms;

13.4. 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;

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

14. Designations in the form of separate letter or the figures which do not have characteristic graphical execution, separate line, simple geometrical figures, mathematical characters and also their combinations which are not forming compositions with qualitatively other level of perception other than perception of the separate, entering them elements belong to the designations which do not have distinction signs, in particular; realistic or schematic images of goods, including three-dimensional, declared on registration as trademarks for designation of these goods; commonly accepted reducings names of the organizations and others.

15. The designations which are earlier registered as trademarks and used for certain goods, which as a result of prolonged use concerning the same goods or goods of one type by various steelmakers specific concepts belong to the designations which entered the general use as designation of goods of certain type.

16. The designations symbolizing industry of economy or sphere of activity to which the goods specified in the inventory in the request and also the symbols applied in science and technology belong belong to the designations which are the commonly accepted symbols, in particular.

The lexical units characteristic of the specific fields of science and technology belong to the designations which are the commonly accepted terms.

17. The commonly accepted names of goods declared for designation of these goods, designations of quality category of goods, specifying of properties of goods (including having laudatory character), specifying of material or composition of raw materials, specifying of weight, amount, the price of goods, the dates of production of goods this from production creation history, specific names of the organizations, addresses of producers of goods and intermediary firms, the designations consisting in parts or in full of place names which can be apprehended as instructions on the location of the producer of goods belong to designations 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, in particular.

18. The designations specified in subitems 13.1-13.3 and 13.5 of Item 13 of this provision can be included in the trademark as unprotected elements if they do not hold in it dominant position.

19. Provisions of Item 13 of this provision can not be applied to designations which for date of application actually acquired distinctive nature as a result of use.

20. Registration of the trademarks consisting only of the designations specified in part one of item 4 of article 4 of the Law 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 legal acts.

21. Registration as trademarks of designations is not allowed:

21.1. being false or capable to mislead the consumer concerning goods, the place of its origin or its producer;

21.2. the wines representing or containing specifying of the place of origin or hard alcoholic drinks protected owing to international treaties of the Republic of Belarus for designation of the wines or hard alcoholic drinks which are not coming from this place;

21.3. contradicting public concerns, the principles of humanity and morals.

22. To the designations which are false or capable to mislead the consumer concerning goods, the place of its origin or its manufacturer, the designations generating in consciousness the consumer idea of certain goods quality, his manufacturer or the place of origin which is not true belong, in particular.

Designation is recognized false or capable to mislead if or capable to mislead one of its elements is false at least.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info