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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Comprehensive Trademark Study
Planning to file a trademark in Belarus? Don't risk wasting time and money on a registration that won't go through. Our Comprehensive Trademark Study helps you identify potential issues before you file, including conflicting trademarks and registrability issues. Our expert trademark attorneys provide an opinion on the registration possibilities of your trademark, giving you the confidence you need to move forward with your application.
Identify Potential Conflicts Before Filing Your Trademark
Expert Guidance to Avoid Costly Legal Disputes
Streamline Your Trademark Registration Process
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Step 2 - Trademark Application Filing
Our team of trademark attorneys will handle the entire process of filing your trademark application in Belarus, ensuring that all necessary formalities are completed for the approval and final registration of your trademark. We'll keep you informed every step of the way, starting with a filing report that includes your application number and date of submission, as well as a scanned copy of your application. You can be confident that your application will be processed quickly and accurately.
Experienced Trademark Attorneys for Your Application
Filing Report and Scanned Copy of Trademark Application
Online Tracking of Trademark Registration Status
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our team will handle all the formalities necessary to obtain your trademark registration certificate in Belarus, ensuring the process is completed smoothly and efficiently. Once the certificate is issued, we'll send it to your address along with a report that includes your registration number. We'll also monitor and notify you of any important dates related to your registration to ensure that your trademark remains in good standing.
Experienced Trademark Attorneys Assistance
Delivery of Registration Certificate and Report
Monitoring and Notification of Important Dates
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Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

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If I register my trademark in Belarus, do I have protection in other territories?

The registered trademark obtains protection only in the territorial limits of the Republic of Belarus.

 
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Do I need to sign a Power of Attorney?

Yes. Applicants are required to sign a Power of Attorney.

 
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What are the phases of application after a trademark has been filed in Belarus?

Application for a trademark in Belarus goes through 4 phases.

  1. The first phase is called “formality examination.” At this stage, the application is examined according to compliance with requirements.
  2. The second phase is called “examination” where the application can be refused by trademark officers on the grounds of proprietary rights or an earlier registration.
  3. The third phase is called “registration” where the mark is registered once it passed the first and second phases.
  4. The final phase is called “publication.” At this stage, information about the mark is published for third parties to see and file for the opposition if necessary.
 
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Is there any possibility to claim priority in Belarus?

Yes. Applicants may claim for expedited processing if these conditions are met:

  • The Paris Convention is effective in the applicant’s home country
  • The application in his home country was filed within 6 months preceding the application in Belarus
  • International Registration is recognized in Belarus
 
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What do I need to do to satisfy the use requirement?

Trademark owners in Belarus are mandated to use the mark within 3 years from the date of registration. Use must be for commercial purpose and must take place within the jurisdiction of Belarus.

 
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Once my trademark has been registered, for how many years will be valid?

The validity of a registered mark lasts 10 years counting from the date when the application was filed.

 
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Does having a registered trademark in Belarus give me any right?

It is mandatory to register a trademark in order to secure ownership rights. The rule “first to file” is effective in Belarus.

 
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Is there any need to use my trademark before I apply for registration?

No. Applicants are not required to use or to have the intention to use the mark prior to application.

 
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Who can contest my trademark application?

All affected parties or anyone may contest the application for a trademark.

 
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Is it possible to cancel a registration?

Yes. A registration of a trademark is cancellable on these grounds:

  • Conflict with an earlier registered mark
  • Breach of copyright
  • Rights in a media, company or personal name
  • Mark is functional, generic, descriptive, and/or deceptive
  • Rights in a design
  • Rights under the Paris Convention specifically Article 6bis, Article 6ter, Article 6septies and Article 8
  • Marks that contradict principles of morality or public policy
  • Marks that consist of a geographical indication
 
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Are there any rights established by having a registered trademark?

Yes. A registered trademark secures the owner of the following rights:

  • Right to use the mark exclusively
  • Right to petition for the cancellation of a later conflicting application
  • Right to petition for the removal of confusingly similar trademarks from fake goods
  • Right to file for an infringement case against third parties that are copying or using the mark without permission
  • Right to demand for damages from infringing parties
  • Right to appeal for the destruction of advertising materials – print and internet – that use a confusingly identical mark
  • Right to appeal for the confiscation of counterfeit goods using the registered the mark
  • Right to provide license to interested parties to use the registered mark
 
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How long is the opposition period?

Third parties may start opposing an application on the date it was published on the patent bulletin and will end 5 years after that date.

 
Basic Concepts
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity. 

Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.

These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.

You can search for your trademark class with this Trademark Class Search tool.

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Do I have to specify the products and services?

Yes, you have. It is not possible to register trademarks that are too descriptive or generic. For example, you cannot register the term 'CAR' for automobiles. You also cannot register a trademark that is like other marks. For example, you cannot register a trademark like HAMASON as an online bookstore because it resembles the Amazon brand name.  

If you are unaware of which class or classes best protect your goods and services, we recommend you order the Trademark Study. Our experienced attorneys will review your product or service description and match it to the class or classes most for your business activity. 

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What is a priority claim and when can I use it?

A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.  That means if you apply for a trademark in Canada, five months later, you can apply for a trademark in France using the effective date of your Canadian application.

We strongly recommend that you submit your additional applications as soon as possible after your base application.  Many countries have strict requirements regarding the type of documentation required in order to claim priority (sometimes including legalization and translation of the original application). 

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What happens if oppositions or objections arise during the registration process?

The purpose of the Trademark Study is to assess the probabilities of objections and oppositions. If objections or oppositions arise, Nominus.com relies on experienced Trademark Attorneys that will guide you in the appropriate course of action.

Upon notification of an office action or opposition, we strive to:

  • Communicate the details of the action to you as quickly as possible.
  • Include future steps and possible arguments.
  • Monitor deadlines and explain the costs to prepare and submit a response, if applicable.
     
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What does it mean to file a trademark with a Claim of Priority?

A Claim of Priority, often referred to as Convention Priority, is a provision outlined in the Paris Convention. This provision enables applicants to seek trademark protection in any member nation within six months from their first filing, all while maintaining the initial application date. This mechanism provides applicants with a priority advantage for registering their trademark in all member countries of the Paris Union, streamlining the process of securing international trademark protection.

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a trademark search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.  

It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  The other company may object to you using the trademark and legally prohibit you from doing so.

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What is a preliminary trademark search?

Your preliminary trademark search is an important first step before you spend time and money considering whether to apply for a potential trademark or not.

If you have trademark experience, you can use our free trademark search engine, or others like the TMView trademark search engine, to search for existing marks that are identical to your planned trademark. While preliminary trademark searches are a critical part of your registration process, a successful search that shows no conflicts with identical marks does not necessarily mean the Trademark Office will not reject your registration application. 

if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time-consuming.

Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.

Please note that even a complete trademark search does not necessarily guarantee your trademark will be accepted and registered. A  Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.

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