19 JUL 2016

The amendments to the trademark registration procedure in the Republic of Belarus entered into force

The new edition of Law of the Republic of Belarus 'On Trademarks and Service Marks' was taken into effect on July 15, 2016. It provides a range of amendments as to trademark registration, which concern peculiarities of application filing, particular stages of registration, terms within registration process, as well as to appealing of decisions of patent office.

The list of amendments includes:

  • providing the opportunity for an applicant to file power of attorney and documents confirming fee payment during 2 months from the date of application filing (receiving the application by the patent office). According to former Law, an applicant had to file documentation mentioned above only with application simultaneously.

  • publication of information regarding trademark application on the official site of the patent office. As to the Law, in case of succesful passing of preliminary examination, the application shall be published within 2 months from issuance of the decision for taking trademark application to consideration.

  • determination of certain time frames for conducting of the examination. Considering that strict terms were not provided earlier, the new edition of Law establishes 2-year term for examination, which shall be calculated from the date of issuance a decision for taking trademark application to consideration.

  • providing a right for the renewal of the terms for:
    - response on request of preliminary examination;
    - response on request of basic examination (examination of claimed designation);
    - filing a petition for repeated examination;
    - filing of claims with the Appeal Board.

    The applicant shall file a petition for term renewal within 3 months from the expiration date under condition of fee payment and availability of acceptable reasons of the term's missing.

  • amendments related to terms within procedure of a trademark recognition as a well-known:
    - the information concerning well-known trademarks which were put into the register is to be published during 2 months from the date of entering into the register (instead of 3-month term provided by the former edition of Law);
    - the term for filing of claims concerning decisions of the Appeal Board was shortened to 6 months from 1 year.

    All the applications which were not considered until the date of coming the new edition of Law into effect, shall been considered according to the procedure provided by the former edition of Law.