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Trademark Registration

An intellectual property is a part of a lawful manufacture available to business entities. A trademark is not just a picture or a word, it allows a buyer to choose a brand he or she trusts.

Who can register a trademark?

The residents of the Republic of Belarus (an individual or a legal entity) and non-residents alike can register a trademark.

Where to apply for trademark registration?

You need to apply to the National Center of Intellectual Property (NCIS) with a set of documents.

How to apply?

There are two options. The first is an independent applying (this option is available only to residents), the second one is registration by an attorney assistant. Patent attorneys of the Beliaevs & Partners Law Group will be happy to provide you a legal support during the procedure; it will save your time and will lead to cost avoidance in the preparation of documents.

Is it necessary to do a preliminary search?

This procedure is not mandatory, however, we recommend you to do a search, as this allows you to minimize the risk of spending money in case your trademark conflicts with someone else’s trademark. It allows to make changes in application at the initial stage.

How long does it takes to obtain a Certificate?

The examination of a patent application takes a one year or a year and a half, and the accelerated examination of a trademark takes 9 months.

How to make registration if you are abroad?

There are several options. Each of them has its pros and cons. If you are interested in less than three countries, we recommend you to contact the patent offices of each country individually. If you are interested in three or more countries, you’d better contact the World Intellectual Property Organization (WIPO).

How to apply for the international registration?

After the official fee is paid, you need to apply to the National Center of Intellectual Property (NCIS) with a set of documents. After the examination, the NCIS will forward the documents to the WIPO, that will continue to forward the documents to the patent authorities of the declared countries.

The applicant can submit documents independently or with attorney assistance. However, there is a number of subtleties that need to be understood. For example, if it is a collective trademark to be registered, then a number of countries will have to submit a collective trademark agreement that must comply with the national law and contain a translation. While many patent offices in different countries do not require an agreement at all.

Is it possible to apply for an international registration of a trademark without conducting a preliminary examination?

It is possible. However, the probability of a denial increases in this case. At the same time, for example, in China, the deadline for replying to a rejection of preliminary examination is one month, during this time it is necessary to find a representative (only patent attorneys of these countries can reply to requests from patent authorities of foreign countries), prepare and send the necessary documents. Thanks to long-term experience and numerous contacts with foreign representatives, patent attorneys of the Beliaevs & Partners Law Group will assist you in trademark registration and inform you about the main features in applications in different countries.

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