Trademark Registration in Belarus

Protect Your Brand with LEXPATENT

In Belarus, the body that registers trademarks is the National Centre of Intellectual Property (NCIP). While residents of Belarus can handle the application process independently, we recommend entrusting this important task to our team of trademark attorneys, who bring over 27 years of exclusive experience in intellectual property. Our goal is to secure the most comprehensive protection for your trademark, tailored to your interests and needs.

How to register a trademark

The trademark registration process in Belarus involves the following steps:

1. Preparatory Stage:
• Performing preliminary assessment as to the suitability of your proposed trademark for registration
• Conducting a trademark clearance search (optional)
• Providing recommendations for selecting or amending your proposed trademark
• Drafting a list of goods/services
2. Application Preparation:
• Preparing application materials***, including the application form
• Filing the application with the NCIP
3. Preliminary Examination:
• NCIP reviews the application materials, including the wording of goods/services, for completeness and correctness
• NCIP sends a notification on accepting the application for consideration (or refusing it*)
4. Substantive Examination:
• NCIP examines the trademark for compliance with the criteria for protectability
• NCIP sends an Office action on trademark registration (or refusal**)
5. Registration and Certification:
• Registration in the State Register of Trademarks and Service Marks of Belarus
• Issuance of a certificate
• Publication for third parties

*Refusal to consider the application (which can be appealed) is quite rare, and mostly occurs when the application is filed by the applicant independently.
**Refusal to register the application (which can be appealed) may occur if NCIP identifies grounds for refusing the application during the examination process. Our trademark attorneys can help minimize the risk of refusal at stage 1.

***Required Documents and Data for Trademark Application

• Full name and address of the applicant
• Trademark to be registered
• List of goods/services for which the trademark registration is sought
• Proof of payment of patent fees
• Power of attorney

What Our Trademark Registration Services Include

• Consultation support at every stage of the application process and throughout the trademark's validity
• Management of all procedural matters until the certificate is issued
• Monitoring of all deadlines mandated by law
• Alerting the owner well in advance of the need to renew the trademark after 10 years

Key Considerations for Trademark Registration in Belarus

• Trademark Clearance Search: This search helps ensure no conflicting trademarks exist that could prevent your registration. Identifying conflicting marks before filing saves time and money by avoiding registration refusals.
• Well-Drafted and Worded List of Goods/Services: A carefully drafted list ensures your trademark receives the maximum legal protection aligned with your trademark usage strategy.
• Registering the Mark as It Will Be Used: The trademark should be registered in the form it will be used.

Timelines

Typically, it takes about one year to register a trademark in Belarus. If an appeal is necessary, this timeframe may extend. NCIP offers expedited processing services. The fastest registration period we have achieved is 1.5 months, but this is exceptional. We may advise against expedited processing based on the situation. If needed, the safest time to request expedited processing is six months after filing an application.

Additional Services

We offer a full suite of services related to trademarks and patent law:

• Consulting and strategy development for acquiring, using, and protecting trademark rights
• Trademark portfolio audits
• Contesting third-party trademarks
• Drafting and assisting with the registration of license, assignment, franchise, and pledge agreements
• Assistance with international trademark protection and renewal, including through international registration
• Inclusion in the Customs Register of Intellectual Property of Belarus (TROIS)
• Pre-litigation dispute resolution, including mediation services
• Representation in intellectual property rights and unfair competition cases
• Other services in IP law

Some services include representation before the NCIP Appeal Board, the Judicial Board on Intellectual Property of the Supreme Court of Belarus, the Ministry of Antimonopoly Regulation and Trade (MART), and the State Customs Committee of Belarus.