TRADEMARKS IN BELARUS
Requirements for national filing
A trademark application may be filed IMMEDIATELY upon receipt of the following information VIA FAX or
e-mail:
- name and address of the applicant
- mark (word or image)
- list of goods and services
Other documents:
- power of attorney (simply signed) may be presented within two months from the filing date .
- priority document, if any, can be submitted in three months from the filing date
Time period
An estimate time for the completion of a registration is about two years.
The term of registration is 10 years, renewal - for 10 years.
In case of a Provisional Refuse issued in Belarus in respect of an International Trademark Registration under the
Madrid Agreement and/or Protocol we can file an objection in presence of the following documents
- Power of attorney (simply signed) (may be send by fax then by mail)
- Provisional refuse as issued by a national office
As we have our own databases of the trademarks registered in Belarus, and also of the international trademarks extended to our country, so we can conduct identity and similarity searches prior to filing new trademark applications and provide our opinion together with an advice of guidance on registerability of marks. We can also watch trademarks for non-infringement, renewal dates, etc.
Registrations of well-known marks and geographical indications are now available in Belarus under special rules.
|
LAW
ON TRADEMARKS AND SERVICE MARKS
Entered into force 05.03.1993, edition from 29.10.2004
This Law governs the relations arising from the registration, legal
protection and use of trademarks and service marks.
Title I
The Trademark and Service Mark and the Legal Protection Thereof
Article 1
Trademark and Service Mark
1. The trademark and the service mark (hereinafter referred to as “trademark”)
are signs that serve to distinguish the goods or services of one natural
person or legal entity from the goods or services (hereinafter referred
to as “goods”) of the same type of another natural person or legal
entity.
2. Signs which may be registered as trademarks are any signs capable of
being represented graphically, words including personal names, letters,
numerals, figurative elements, combinations of colors, three-dimensional
signs including the shape of the goods or their packaging as well as any
combination of such signs.
3. A trademark may be registered in any color or in any combination of
colors.
Article 2
Legal Protection of Trademarks
1. The legal protection of a trademark in the Republic of Belarus shall
be based on its official registration with the state institution "National
Center of Intellectual Property" of the Republic of Belarus (hereinafter
referred to as “the Patent Authority”) effected in accordance with the
provisions of this Law or under international treaties to which the
Republic of Belarus is party.
2. The trademark may be registered in the name of a legal entity or in
the name of a natural person.
3. The right to the trademark is protected by the State. The
registration of a trademark shall give rise to the issue of a trademark
certificate. The certificate shall attest the priority date of the
trademark and the owner’s exclusive right to the trademark for the goods
specified in the certificate; it shall contain a representation of the
trademark.
Article 3
Exclusive Right to the Trademark
1. The owner of the trademark shall have the exclusive right of use and
disposal thereof, and also the right to prohibit other parties from
making use of the trademark.
2. No one may make use of a trademark that is protected on the territory
of the Republic of Belarus and for which a certificate has been issued
without having obtained the authorization of the owner of the trademark.
3. The manufacture, use, importation, offering for sale, sale and any
other form of marketing, or the holding for that purpose, of a trademark
or of a product designated by a trademark or of a sign misleadingly
similar to a trademark shall constitute infringements of the rights of
the owner of the trademark if they occur without authorization and if
they relate to goods of the same type or to goods not of the same type
designated by a trademark recognized as a well-known trademark in the
Republic of Belarus.
Article 4
Absolute Grounds for Refusal of Registration
1. Those trademarks may not be registered:
1.1 that lack any distinctive features;
1.2 that have become the general use as designation for goods of a
particular type;
1.3 that constitute generally accepted symbols or terms;
1.4 that consist exclusively of signs or indications which are used to
designate the kind, quality, quantity, properties, intended purpose or
value of the goods, or the place and time of their production or sale;
1.5 that represent the shape of the goods or their packaging which
results exclusively or mainly from the nature of the goods themselves or
which is necessary to obtain a technical result or which gives
substantial value to the goods.
2. The signs or indications referred to in paragraph (1) of this Article
may be incorporated in the trademark as unprotected elements, insofar as
they do not predominate.
3. The provisions of paragraph (1) of this Article may not apply in
relation to the signs which on the filing date of the application for
registration of a trademark have acquired a distinctive character in
consequence of the use that has been made of them.
4. Those trademarks may not be registered that consist exclusively of
signs which constitute armorial bearings, flags or emblems of States,
official names of States, flags, emblems or abbreviated or full names of
international intergovernmental organizations, official control,
warranty or assay marks or decorations or other honorary distinctions,
or are confusingly similar to such signs. Such signs may, with the
authorization of the competent authorities or the owner, be incorporated
in trademarks as unprotected elements.
5. Those signs may not be registered as trademarks:
5.1 that are false or liable to mislead the consumer as to the product,
its place of manufacture or its manufacturer;
5.2 that constitute or consist of an indication of origin for wines or
spirits which is protected under international treaties to which the
Republic of Belarus is party, identifying wines or spirits not
originating in the place indicated by the indication of origin in
question;
5.3 that are contrary to the public interest, humanitarian principles or
morality.
Article 5
Other Grounds for Refusal of Registration
1. Those signs may not be registered as trademarks that are identical or
misleadingly similar:
1.1 to trademarks registered or filed for registration earlier in the
Republic of Belarus in the name of a third party for goods of the same
type, and the priority date of which is earlier;
1.2 to trademarks of third parties that are protected in the Republic of
Belarus by virtue of international treaties for goods of the same type;
1.3 to trademarks of third parties recognized as well-known in the
Republic of Belarus in the manner prescribed by the Patent Authority for
goods of any type.
2. The signs which are misleadingly similar to the trademark referred to
in paragraph (1) of this Article may be registered as trademarks on
condition that the owner of the trademark agrees to such registration.
3. Those signs or indications shall not be registered as trademarks that
constitute reproductions of:
3.1 trade names (or parts thereof) that are known in the territory of
the Republic of Belarus and belong to third parties for goods of the
same type;
3.2 industrial designs in which the rights are owned by third parties in
the Republic of Belarus, if the priority date of the industrial design
is earlier than that of the trademark in respect of which an application
for registration has been filed;
3.3 appellations of origin that are protected in the Republic of Belarus;
3.4 titles of scientific, literary or artistic works known in the
Republic of Belarus or names of persons or quotations from such works,
artistic works or parts from such works without the authorization of the
owner of the copyright or his successors in title;
3.4-1 titles of registered in the Republic of Belarus mass media without
authorization of their constitutors in respect of similar goods;
3.5 family names, forenames, pseudonyms and derivatives thereof,
portraits and facsimiles of persons known in the Republic of Belarus in
infringement of their personal moral rights, except with the
authorization of those persons or their successors in title;
3.6 certification marks protected according to the procedure established
by the law in force.
4. The conditions for determining whether a trademark is well known as
specified in subparagraphs 3.1, 3.4 and 3.5 of paragraph 3 of this
Article shall be specified by the Patent Authority and shall be
considered on the priority date of the sign applied for registration as
a trademark.
Article 6
Application for Registration of a Trademark
1. The application for registration of a trademark (hereinafter referred
to as “the application”) shall be filed with the Patent Authority by a
natural person or legal entity (hereinafter referred to as “the
applicant”).
2. The application may be filed through a Belarusian patent agent.
3. Foreign legal entities with headquarters abroad or natural persons
resident outside the Republic of Belarus, and also their patent agents,
shall, in order to secure the registration of trademarks or the
prolongation of the term of validity thereof in the Republic of Belarus,
act through patent agents registered with the Patent Authority in the
established manner.
4. The application shall relate to one trademark only.
5. The application shall contain:
- a request for registration of a sign as a trademark, in which the
applicant’s name and also his headquarters or residence shall be stated;
- the sign in respect of which the application is filed;
- the list of goods for which registration of the trademark is sought,
grouped according to the classes of the International Classification of
Goods and Services for the Purposes of the Registration of Marks.
6. The application shall be accompanied by:
- a document attesting payment of the prescribed fee;
- a document attesting the powers of the patent agent if the application
is filed through such an agent;
- the rules of the collective mark if the application is filed for the
registration of a collective mark.
7. The requirements to be met by the documents constituting the
application and the time limits for the filing of those documents shall
be laid down by the Patent Authority.
Article 7
Priority of the Trademark
1. The priority of a trademark shall be determined by the date of filing
of an application with the Patent Authority. The filing date shall be
the date of receipt by the Patent Authority of the documents meeting the
requirements specified in paragraph (5) of Article 6 of this Law.
2. The priority of a trademark may be determined by the filing date of
the first application made in respect of the said trademark in a foreign
country party to the Paris Convention for the Protection of Industrial
Property of March 20, 1883, as revised at Brussels on December 14, 1900,
at Washington on June 2, 1911, at the Hague on November 6, 1925, at
London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm
on July 14, 1967, and as amended on October 2, 1979, (hereinafter
referred to as “Convention priority”), provided that the Patent
Authority receives the application within six months following the said
date.
3. The priority of a trademark affixed to a product displayed at an
official or officially recognized international exhibition organized on
the territory of one of the States party to the Paris Convention for the
Protection of Industrial Property may be determined by the date as from
which the product in question was on public display at that exhibition (hereinafter
referred to as “exhibition priority”), provided that the Patent
Authority receives the application within six months following the said
date.
4. The applicant who wishes to avail himself of the right of Convention
priority or the right of exhibition priority shall state that fact on
filing the application or within two months following the date of
receipt of the application by the Patent Authority, and shall file at
the same time the documents supporting the validity of his claim, or
submit those documents within three months following the date of receipt
of the application by the Patent Authority.
5. The priority of a trademark under the divisional application shall be
determined by the date of priority of a trademark under the initial
application filed in accordance with Article 8(7) of this Law.
6. The priority of a trademark may be determined by the date of priority
of the international application for registration of a trademark filed
under international treaties to which the Republic of Belarus is party.
Article 8
Examination of the Application for Registration of a Trademark
1. The examination of the application, which shall include the
preliminary examination and the substantive examination, shall be
conducted by the Patent Authority in accordance with this Law and with
the implementing regulations thereof drawn up by the Patent Authority.
2. The applicant shall have the right, on his own initiative or at the
request of the official examiner, to intervene in person or through his
agent in order to settle questions arising in the course of the
preliminary examination and the substantive examination.
3. During any stage in the examination of the application and before the
date of registration of the trademark, the applicant shall have the
right to supplement, detail or correct the elements of the application
on his own initiative.
4. Where additional elements alter the substance of the sign in respect
of which the application is filed or add goods to the list figuring in
the application, they shall not be taken into consideration, and the
applicant may file them as a separate application.
5. During the examination of the application, but before the date of
registration of the trademark, the applicant shall have the right to
file a request with the Patent Authority to change the name of the
applicant thereon, on condition that the new applicant gives his consent.
6. The applicant may request the withdrawal of his application at any
stage in the examination thereof, but not after the date of registration
of the trademark.
7. During the examination of the application and before a decision is
taken thereon, the applicant shall have the right to file a divisional
application in respect of the same sign for some goods listed in the
initial application on the date of filing thereof with the Patent
Authority. Divisional applications shall continue to enjoy the filing
date of the initial application and the priority date of the trademark
concerned by that application.
Article 9
Preliminary Examination
1. The application shall undergo preliminary examination within two
months following the date of its receipt by the Patent Authority.
2. The preliminary examination shall serve to ensure that the required
documents specified in Article 6 of this Law are all present and that
they meet the prescribed requirements, and also that the fees have been
paid. During the preliminary examination, the applicant may be invited
to supplement, detail or correct the elements of the application.
Supplemented, detailed or corrected elements shall be submitted to the
Patent Authority within three months following the date of receipt of
the invitation to do so. That period may be extended at the applicant’s
request by no more than three months, on condition that the said request
is received before the current period expires. If the applicant has not
kept to the prescribed period or has not replied to the invitation, the
application shall not be taken into consideration.
3. Depending on the results of the preliminary examination, the Patent
Authority decides whether to take or not to take the application into
consideration.
4. If the application is taken into consideration, the Patent Authority
shall determine the filing date of the application, and also the date of
Convention priority or exhibition priority, provided that the applicant
has submitted the necessary elements substantiating the validity of his
Convention or exhibition priority claim.
Article 10
Substantive Examination of the Application
1. The substantive examination shall take place on completion of the
preliminary examination.
2. It shall serve to determine the priority date of the trademark if it
has not been determined in the course of the preliminary examination,
and to ensure that the claimed sign meets the conditions set forth in
Articles 4 and 5(1) of this Law.
3. During the examination the Patent Authority shall have the right to
invite the applicant to provide more information without which the
examination is not possible. The additional information shall be
furnished to the Patent Authority within three months following the date
of receipt of the invitation. That period may be extended at the
applicant’s request, on condition that the request is received before
the said period expires. If the applicant has not kept to the prescribed
period, or has not replied to the invitation, the application shall be
deemed to have been withdrawn and the applicant shall be informed
accordingly.
4. The decision to register the trademark or to refuse registration
shall be based on the results of the examination.
5. The decision to register the trademark may be reconsidered by the
Patent Authority in the event of receipt of an application with an
earlier priority date under Article 7 of this Law for an identical or
misleadingly similar sign in respect of goods of the same type.
6. In the event of disagreement with the decision taken on the
substantive examination, the applicant shall have the right, within
three months following the date on which he has received the decision,
to file a request for reconsideration with the Patent Authority. That
period may be extended at the applicant’s request, on condition that the
request is received by the Patent Authority before the said period
expires.
7. The procedure for extension of the time limits under paragraphs 3 and
6 of this Article shall be set forth by the Patent Authority.
8. The reconsideration shall take place within two months following the
date of receipt of the applicant’s request.
Article 11
Appeal Against the Decision on the Application
1. In the event of disagreement with the decision taken on the
preliminary examination not to take the application into consideration
or with that taken on the reconsideration of the claimed sign, the
applicant shall have the right, within three months following the date
on which he received the decision, to appeal against it to the
Examination Appeal Board of the Patent Authority (hereinafter referred
to as “the Appeal Board”).
2. The appeal shall be considered within four months of the date on
which it was received. The procedure for consideration of appeals by the
Appeal Board shall be laid down by the Patent Authority.
3. The applicant may appeal to the Supreme Court of the Republic of
Belarus against the ruling of the Appeal Board within six months
following the date on which he received the ruling.
Article 12
Registration of the Trademark and Issue of the Trademark Certificate
1. On the basis of the decision to register the trademark, the Patent
Authority shall effect registration in the Official Register of
Trademarks and Service Marks (hereinafter referred to as “the Register
of Trademarks”) within one month following the date of receipt of a
document attesting payment of the prescribed fee. The particulars
concerning the registration of the trademark and any amendment
subsequently made to those particulars shall be entered in the Register
of Trademarks. The contents of the particulars shall be determined by
the Patent Authority.
2. The Patent Authority shall issue an extract from the Register of
Trademarks at the request of any natural person or legal entity.
3. The trademark certificate shall be issued by the Patent Authority
within one month following the date of registration of the trademark in
the Register of Trademarks.
Article 13
Term of the Registration
1. The term of the registration of the trademark shall be 10 years from
the date on which the Patent Authority received the application.
2. The term of the registration of the trademark may be renewed for
further periods of 10 years at the request of the owner, filed in the
course of the last year of validity of the current term of the
registration. For the purposes of the renewal of the term of the
registration of the trademark, the owner may, on request and subject to
payment of an additional fee, be granted an additional period of six
months after the term of the registration expires.
3. The Patent Authority shall record any renewal of the term of the
registration of the trademark in the Register of Trademarks and, at the
request of the owner, enter it on the trademark certificate.
Article 14
Amendment of the Registration and Rectification of Errors
1. The owner of the trademark shall inform the Patent Authority of any
amendment to his business name (for legal entity), surname, forename or
patronymic (for natural persons) or address, any reduction in the list
of goods for which the trademark is registered, any amendment to
elements of the trademark that have no effect on its nature and any
other amendment concerning the registration of the trademark.
2. Any amendment shall be recorded in the Register of Trademarks and, at
the request of the owner, entered on the trademark certificate.
3. The Patent Authority may, on its own initiative or at the request of
the owner, rectify any grammatic, typographic or other obvious error in
the elements of the registration of the trademark.
4. The registration of the trademark may be divided on the owner’s
declaration by dividing the goods for which the trademark is registered.
Article 15
Publication of the Particulars of the Registration
The Patent Authority shall publish the particulars concerning the
registration of the trademark that have been recorded in the Register of
Trademarks in accordance with Article 12 of this Law in the Official
Bulletin of the Patent Authority (hereinafter referred to as “the
Official Bulletin”) within three months following the date of
registration of the trademark or the date of recording in the Register
of Trademarks of amendments or rectifications concerning the
registration.
Article 16
Registration of the Trademark Abroad
1. Any natural person or legal entity of the Republic of Belarus shall
be entitled to have a trademark registered abroad or to effect the
international registration thereof.
2. The application for international registration of the trademark shall
be filed in accordance with the international treaties to which the
Republic of Belarus is party.
3. The costs arising from registration of the trademark abroad or from
the international registration thereof shall be borne by the applicant
or, with his agreement, by any other natural person or legal entity
concerned.
Article 17
Fees
1. Fees shall be payable for the performance of legal acts in relation
to the registration of trademarks. Fees may be paid by the applicant,
the trademark owner or, with their agreement, by any other natural
person or legal entity.
2. The list of acts for the performance of which fees are payable, the
procedure, amount and time limits for the payment of fees shall be
determined by the Council of Ministers of the Republic of Belarus.
3. The conditions governing the application of fees shall be specified
by the legislative texts of the Republic of Belarus.
Title II
Collective Marks
Article 18
Right to the Collective Mark
The trademark of an association of legal entities, the purpose of which
is to designate goods manufactured and/or placed on sale by the
association and having common qualitative or other characteristics,
shall be considered a collective mark.
Article 19
Registration and Use of the Collective Mark
1. The application for registration of the collective mark shall be
accompanied by the rules thereof which shall specify the business style
of the association authorized to register the collective mark in its
name, the list of legal entities authorized to use the said mark, the
purpose of the registration thereof, the list and the common qualitative
or other characteristics of the goods that will be designated by the
collective mark, the conditions and the supervisory procedures to which
its use is subject, and also the sanctions applicable in the event of
violation of the rules of the collective mark.
2. In addition to the particulars specified in Article 12 of this Law,
information on the legal entities authorized to use the collective mark
shall be recorded in the Register of Trademarks and entered on the
collective mark certificate. That information, to an extract from the
rules of the collective mark that specifies the common qualitative or
other characteristics of the goods for which the mark is registered,
shall be published in the Official Bulletin by the Patent Authority. The
owner of the collective mark shall notify the Patent Authority of any
amendment to the rules of the collective mark.
3. If a collective mark is used on goods that do not have any common
qualitative or other characteristics, the validity of the registration
may be terminated, either totally or in part, on a ruling of the Supreme
Court of the Republic of Belarus made at the request of any third party.
4. The collective mark or the application for registration thereof may
be converted into the trademark belonging to one of the legal entities
authorized to use the collective mark in accordance with the rules of
the said mark, or into the trademark application. The conditions
governing the said conversion shall be laid down by the Patent Authority.
Title III
Use of the Trademark
Article 20
Use of the Trademark and Consequences of Failure to Use the Trademark
1. The affixing of the trademark on goods for which it is registered or
on the packaging thereof, by the owner of the trademark or by any person
to whom the right to use the trademark has been granted pursuant to a
license contract under Article 23 of this Law shall be deemed to
constitute use of the trademark.
2. The mention of the trademark in advertising, in printed publications,
or signs or in connection with the display of goods at fairs or
exhibitions held in the Republic of Belarus may likewise be deemed to
constitute use of the trademark, provided that the failure to use the
trademark on goods or the packaging thereof is justified by legitimate
reasons.
3. Persons, whether natural persons or legal entities, who exercise an
intermediary activity shall have the right to use their own trademark in
conjunction with the trademark of the manufacturer of the goods, or in
place of the latter’s trademark, if they have so agreed with him by
contract.
4. Legal entities authorized to use the collective mark shall have the
right to use at the same time their own trademarks on the goods they
manufacture.
5. Registration of the trademark shall not confer on the owner thereof
the right to prohibit third parties from using the said trademark for
goods that have been placed on the market in the Republic of Belarus
directly by the owner or with his consent.
6. The validity of the trademark registration may be terminated
prematurely in relation to all or some of the goods mentioned in the
registration due to non-use of the trademark without justifiable reason
continuously during period of any five years from the date of
registration on the ground of the decision of the Supreme Court of the
Republic of Belarus. The request on previous effect of registration of
the trademark may be addressed to the Supreme Court of the Republic of
Belarus by a third party on condition that this trademark is not used
before forwarding of such a request.
7. The decision on whether or not to terminate the validity of the
trademark registration prematurely for non-use may be subject to the
consideration of evidence submitted by the owner of the trademark to
show that the non-use was due to factors beyond his control.
Article 21
Warning Notice
The owner of a trademark may add a warning notice alongside the
trademark in the form of the Latin letter “R” or “R” within a circle or
of the wording “Trademark” or “Registered Trademark” to the effect that
the trademark used is a trademark registered in the Republic of Belarus.
Title IV
Transfer of the Trademark
Article 22
Assignment of the Right to the Trademark
1. The right to the trademark may be contractually assigned by the owner
thereof to a natural person or legal entity for either all or some of
the goods in respect of which it is registered.
2. Any assignment of the right to the trademark that might have the
effect of misleading the consumer as to the goods or the manufacturer
thereof shall not be allowed.
3. The right to the collective mark shall not be assigned to third
parties.
Article 23
Licensing of the Use of the Trademark
1. The owner of a trademark (licensor) may grant the right to use the
trademark to a third party (licensee) under a license contract in
relation to all or some of the goods for which the trademark is
registered.
2. The license contract shall contain a clause to the effect that the
quality of the licensee’s goods shall not be inferior to that of the
licensor’s goods, and the observance of the said clause shall be ensured
by the licensor.
3. The right to use the collective mark shall not be granted to third
parties.
Article 24
Registration of the Trademark Assignment Contract and of the License
Contract
The contract for the assignment of a trademark and the license contract
shall be registered with the Patent Authority and shall be valid for
third parties as from the date of their registration.
Title V
End of Legal Protection of the Trademark
Article 25
Invalidation of the Registration of the Trademark
1. The registration of the trademark may be invalidated:
1.1 entirely or in part at any time during its term if, when it was
effected, the conditions specified in Articles 2(1,2), 4, and 5 (3.1,
3.2, 3.4, 3.4-1, 3.5, 3.6) of this Law were not met;
1.2 entirely or in part at any time during the five years following the
date of publication of the particulars of the said registration in the
Official Bulletin on the grounds specified in Article 5 (1, 3.3) of this
Law;
1.3 at any time during its term in the event the trademark has become
the generic designation for goods of a particular type;
1.4 entirely or in part at any time during its term if related to
registration actions of the owner of the trademark were recognized in
the established order as unfair competition.
2. In the event the Patent Authority receives the application which in
accordance with Article 7 of this Law has an earlier date of priority,
the registration of the trademark shall be invalidated irrespective of
whether the application was received before or after the date of the
said registration.
3. Any person may, within the time limits provided for in paragraph 1 of
this Article, file opposition with the Appeal Board against the
registration of the trademark. The conditions governing the
consideration of appeals by the Appeal Board shall be specified by the
Patent Authority.
4. The decision of the Appeal Board may be the subject of a further
appeal to the Supreme Court of the Republic of Belarus within six months
following the date of receipt thereof.
Article 26
Cancellation of the Trademark
1. The registration of the trademark shall be cancelled:
1.1 on the expiration of the term provided for in Article 13 of this Law;
1.2 on the ground of the decision of the Supreme Court of the Republic
of Belarus taken in accordance with Article 20 (6) of this Law;
1.3 in the case of use of the collective mark with respect to goods that
do not have common qualitative or other characteristics (Article 19(3)
of this Law);
1.4 on filing a written request by the owner of the trademark to
renounce the registration;
1.5 in the case of liquidation of the legal entity or death of the
natural person that owns the trademark if a successor in title has not
been designated.
2. The trademark shall be cancelled by the Patent Authority in the event
of expiration of the term of the registration or in the event of
invalidation thereof. The record concerning cancellation of the
registration of the trademark shall be entered in the Register of
Trademarks and published by the Patent Authority in the Official
Bulletin.
Title VI
Final Provisions
Article 27
The Patent Authority
The Patent Authority shall receive applications for the registration of
trademarks, undertake the examination thereof, issue certificates valid
throughout the territory of the Republic of Belarus, ensure, within the
limits of its competence, respect for legislation on trademarks, devise
general rules, interpret and clarify the provisions thereof, provide
methodical assistance and its services to interested natural persons or
legal entities.
Article 28
Consideration of Disputes Arising from Infringements of the Legislation
on Trademarks
Disputes arising from infringements of the legislation on trademarks
shall be considered within their jurisdiction by the Appeal Board or the
Supreme Court of the Republic of Belarus.
Article 29
Liability of Legal Entities or Natural Persons for Infringements of the
Legislation on Trademarks
1. Any person who, in a manner contrary to this Law, uses the trademark
or the sign misleadingly similar to the trademark for goods of the same
type shall incur liability in accordance with the legislation of the
Republic of Belarus.
2. The unlawful use of a trademark may give rise, independently of the
filing of a restraining injunction or a petition seeking compensation
for damages sustained, to the following additional civil sanctions:
2.1 removal from the goods or the packaging thereof of the unlawfully
used trademark or of the sign misleadingly similar to the trademark, or
destruction of existing reproductions of the trademark or of the sign
misleadingly similar to the trademark;
2.2 seizure or destruction of the goods for which the trademark was
unlawfully used;
2.3 imposition of a fine for the benefit of the injured party amounting
to the value of the goods for which the trademark was unlawfully used;
2.4 transfer of the goods that unlawfully bear the trademark for the
benefit of the injured party.
3. The remedies under paragraph 2 of this Article concerning persons
guilty of the unlawful use of the trademark shall be applied as
prescribed by the laws of the Republic of Belarus.
Article 30
Rights of Foreign Natural Persons and Legal Entities and Stateless
Persons
Foreign natural persons and legal entities and stateless persons shall
enjoy the rights provided for in this Law and in other legislative acts
on trademarks of the Republic of Belarus, and have liability, on the
same footing as natural persons or legal entities of the Republic of
Belarus, except as otherwise provided in the Constitution of the
Republic of Belarus, in other laws and in international treaties.
Article 31
International Treaties
The rules of law contained in the international treaty on the protection
of industrial property in force in the territory of the Republic of
Belarus shall be part of the applicable domestic legislation and have a
direct effect in the territory of the Republic of Belarus, except to the
extent where it follows from the international treaty that the adoption
of an internal national act is required to implement the said rules of
law, and shall have the statutory force of the legal act by which the
Republic of Belarus agrees that the provisions of the relevant
international treaty are binding on it.
Nowadays PAG is one of the leading IP firm in Belarus
All aspects of intellectual property in Eurasia and countries of former USSR:
Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrghyzstan, Latvia
Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan
|
