of January 5, 2016 No. 352-Z
About modification and amendments in some laws of the Republic of Belarus concerning legal protection of trademarks and service marks
It is accepted by the House of Representatives on December 15, 2015
Approved by Council of the Republic on December 18, 2015
Article 1. Bring in the Law of the Republic of Belarus of February 5, 1993 "About trademarks and service marks" in edition of the Law of the Republic of Belarus of October 27, 2000 (Vyarkho¸naga Savet's Vedamastsi of Respubliki Belarus, 1993, No. 13, Art. 128; National register of legal acts of the Republic of Belarus, 2000, No. 106, 2/222; 2004, No. 5, 2/1017; 2007, No. 118, 2/1308; 2009, No. 173, 2/1596; National legal Internet portal of the Republic of Belarus, 14.07. 2012, 2/1941) following changes and amendments:
1. To state Item 1 of Article 1 in the following edition:
"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 homogeneous goods of other persons is recognized.".
2. In Item 2 of Article 2 shall be replaced with words the word of "citizen" "physical person".
3. State Article 3 in the following edition:
"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 prohibit 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 mixing, without the permission of the owner of the trademark, expressed in making of actions, stipulated in Item 1 article 20 of this Law, concerning homogeneous goods, and also heterogeneous goods designated by the trademark, acknowledged well-known in the Republic of Belarus is recognized.
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