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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 28, 2009 No. 1719

About approval of the Regulations on order of registration of the trademark and service mark and about introduction of amendments to some resolutions of Council of Ministers of the Republic of Belarus

(as amended on 25-03-2022)

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. Authorize the State committee on science and technologies on development and approval of forms:

certificates on the trademark and service mark;

requests for registration of the trademark and service mark;

powers of attorney on representation before patent body;

statements for modification of the inventory, works and (or) services;

statements for modification of the designation declared on registration as the trademark and service mark;

statements for modification of data on the name, surname, own name, middle name (if that is available), the location or the residence of the applicant and (or) the postal address or the e-mail address (if that is available) for correspondence;

statements for assignment of rights on the request for registration of the trademark and service mark;

statements for allocation of the request for registration of the trademark and service mark;

applications for conversion of the request for registration of the collective mark into the request for registration of the trademark and service mark;

statements for verification of the international request for registration of the trademark and service mark and the direction it in the International bureau of World Intellectual Property Organization;

petitions for transformation of the international registration of the trademark and service mark in the national request for registration of the trademark and service mark;

statements for change of the name and (or) the location of the organization - the owner of the trademark and service mark;

statements for change of surname, own name, middle name (if that is available) and (or) residences of the physical person - the owner of the trademark and service mark;

statements for reducing the inventory, works and (or) services concerning which the trademark and service mark are registered;

statements for change of separate elements of the trademark and service mark;

statements for change of the owner of the trademark and service mark as a result of reorganization of the organization - the owner of the trademark and service mark;

statements for change of the owner of the trademark and service mark as a result of transition of the rights to the trademark and service mark according to the procedure of legal succession;

statements for separation of registration of the trademark and service mark;

applications for conversion of the collective mark into the trademark and service mark of one of persons who had the right to its use;

statements for change of regulations on the collective mark;

statements for correction of the grammatical, spelling, punctuation, typographical and other plain errors made in registration of the trademark and service mark;

statements for prolongation of effective period of registration of the trademark and service mark;

statements for replacement of national registration of the trademark and service mark with the international registration of the trademark and service mark;

statements for issue of the duplicate of the certificate on the trademark and service mark;

declarations of abandonment of registration of the trademark and service mark;

statements for the termination of legal protection of the trademark and service mark based on the termination of organization activity or the death of the physical person - owners of the trademark and service mark.

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

Prime Minister of the Republic of Belarus

S. Sidorsky

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 – 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 for registration of trademarks and service marks

Chapter 1. General provisions

1. In this Provision the following terms and their determinations, and also reducings are applied:

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;

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

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

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

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

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

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

Protocol - The protocol to the Madrid agreement on the international registration of signs of June 28, 1989;

VOIS - World Intellectual Property Organization;

The international bureau - the VOIS International bureau;

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

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

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;

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;

the certificate - the certificate on the trademark;

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. The trademark the designation promoting difference of goods, works and (or) services (further, unless otherwise specified, - goods) one person from uniform goods of other persons is recognized.

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.

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

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.

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