Well-known trademarks

In the Republic of Belarus that mark may be recognized as well known which in view of its long extensive use has become widely known in the Republic of Belarus among  potential consumers of the type of goods and/or services to which it applies. 

A well-known mark in the Republic of Belarus is the ground to refuse a trademark registration to another person or to recognize a trademark registration as invalid for another person in respect of any goods and/or services of that person if his trademark is identical or confusingly similar to the well-known mark.

The decision to consider a mark as well known in the Republic of Belarus is taken by the Appeal Board of the National Center of Intellectual Property (hereinafter referred to as the Appeal Board) on the basis of examination of the application for recognition of a corresponding mark as a well-known mark in the Republic of Belarus.

When determining whether a mark is a well-known mark, the following factors must be considered:

• the degree of knowledge or recognition of the mark in the relevant public sector of the public of the Republic of Belarus;
• the duration, extent and geographical area of any use of the mark in the territory of the Republic of Belarus;
• the duration, extent and geographical area of any promotion of the mark; 
• the duration and geographical area of any registrations, and/or any applications for registration, of the mark, to the extent that they reflect use or recognition of the mark;
• the record of successful enforcement of rights in the mark, in particular the extent to which the mark was recognized as well known by competent authorities of the country of registration of the mark or the country of the owner of the mark;
• the value associated with the mark;
• the results of consumer surveys and opinion polls conducted by a specialized independent organization in connection with goods and/or services with which the mark to be considered as a well-known mark is used;
• any other information on the basis of which it is possible to draw the conclusion that the corresponding mark is well known in the Republic of Belarus.

The list of the marks recognized as well-known in the Republic of Belarus is available here.