Belarus

General information

        • Valid Nice Classification  – NCL 11-2018

        • Procedure 

Registration period –  about 20-24 months from the date of filing. Proof of registration – Certificate Procedures feature From the date of filing you should regularly monitor trade mark applications to check whether any of them conflict with your trade mark.

Step

Term

Official notification

Filing an application

1 day

Notification with entr. number, Name of applicant, Date and time of filing

Formal examination

3-4 months from the date of filing fee payment

Notification. If the Rospatent detects any error, they will send Notification with proposition to correct it. 2 months to answer.

Examination of absolute grounds for refusal

About 20 months after previous step

Notification. If the application doesn’t meet requirements, they will send Notification – Provisional refusal. 2 months to answer.

Payment of registration, publication fees

2 months after previous step

 Invitation for payment registration and publication fees .

Publication

3-4 months

Certificate and publication

Requirements

1. The Applicant details

Legal Entity

Physical person

The full official name (Engl. translitaration)

The Name (as it is in the passport and/or Engl. transliteration)

 A Legal address

 An address

2. The image of the TM (jpg), The verbal elements, other 3. Goods and services / classes NCL 11-2018 (we‘ll help you to choose the classes for your goods/services) 4. POA (scanned copy without legalization)

Representation by a trademark attorney Foreign applicants must perform the trademark prosecution in Russia through an agent, a registered in Belarus trademark attorney.

Priority document The priority document must be submitted within three months from filing a trademark application in Belarus.

Translation. We translate from English/Ukrainian into Russian for free of charge.

Signed Power of Attorney, legalization and notarization are not required (may be filed to the Belarus Trademark Office within two months from the filing date

General information

Invention

  • Procedure

Registration period – about 2-6 years from application filing date.

Proof of registration – Certificate.

Term of validity – 20 years from the application filing date. Patent for invention can be extended for additional 5 years if the object of the patent is the medicinal product, pesticide or agrochemical, when use of product requires permission of competent authority. Extension is provided if more than 5 years have passed from application filing date to the date of receipt of the first permission to use.

What can be protected: product; method; application of the process, method or product for a specific purpose, use of a product for treatment, diagnosis or prevention of the particular disease.

Step Term Official notification Deadline
Filing  application 1 day Notification with registration number, name of applicant, date and time of filing. Direct filing with claiming priority – 12 months from priority date1. PCT national phase entry in Belarus – 31 months from the priority date.
Preliminary examination 3 months from  application filing date Request to submit corrected or missing documents / Notification of completion of preliminary examination. Responding to examination request – 3 months from date of receipt2.
Patent examination 1-5 years from filing of petition to proceed patent examination Request to submit corrected documents / Decision of grant/refusal. Filing petition to proceed substantive examination – within 3 years from application filing date. Responding to Patent examination request – 3 months from date of receipt3.
Grant and Publication within 6-7 months from grant fees payment Certificate Payment of grant and publication fees and submission of the description, abstract, drawings in 2 copies (if necessary) – 3 months from Grant decision receipt3.
Annuity fees each year Invitation to pay annuity fees Annuity fees are paid from the third year, counting from application filing date. Annuity fee for each subsequent year is paid during previous year4.

1 – This term may be extended for 2 months, upon corresponding fee payment.

2 – This term may be extended for 3 months, upon corresponding fee payment.

3 – This term may be extended for 12 months, upon corresponding fee payment.

4 – This term may be extended for 6 months after the expiration of the payment period, the amount of official fees increases by 50%.

Utility model

  • Procedure

Registration period – about 6-7 months from  application filing date.

Proof of registration – Certificate.

Term of validity – 5 years from the application filing date. Patent for utility model can be extended for additional 3 years.

What can be protected: device.

Step Term Official notification Deadline
Filing  application 1 day Notification with registration number, name of applicant, date and time of filing. Direct filing with claiming priority – 12 months from priority date1. PCT national phase entry in Belarus – 31 months from the priority date.
Examination of utility model application 3 months from  application filing date Request to submit corrected or missing documents / Decision of grant/refusal. Responding to examination request – 3 months from date of receipt2.
Grant and Publication within 6-7 months from grant fees payment Certificate Payment of grant and publication fees – 3 months from Grant decision receipt.
Annuity fees each year Invitation to pay annuity fees Annuity fees are paid from the first year, counting from application filing date. Annuity fee for each subsequent year is paid during the previous year3.

1 – This term may be extended for 2 months, upon corresponding fee payment.

2 – This term may be extended for 12 months, upon corresponding fee payment.

3 – This term may be extended for 6 months after the expiration of the payment period, the amount of official fees increases by 50%.

Requirements

Invention/utility model

1. Applicant details.

Legal Entity Natural person
Full official name (English transliteration) Name (as per passport and/or English transliteration)
Legal address Address

2. Inventor details.

Natural person
Name (as per passport and/or English transliteration)
Address

3. Number of International publication (PCT procedure) or Application materials: claims, description, abstract, drawings (non-PCT procedure; international application wasn’t published).

4. Belarusian or Russian translation of the application (we prepare by ourselves).

5. POA (no legalization or notarization required).

6. Certified copy of the priority application (if priority is claimed).

Representation by the invention attorney: Foreign applicants must perform the invention/utility model prosecution in Belarus through an agent, a registered in Belarus invention attorney.

POA and Belarusian or Russian translation of the application must be submitted within 2 months from the date of filing.

Priority documents must be submitted within 16 months from the priority date.

Signed Power of Attorney, legalization and notarization are not required (may be filed to the Belarus Trademark Office within two months from the filing date
At the moment only computer program can be protected by copyright law in Belarus. The procedure of registration takes about one month.
The registration is exercised on the basis of the application from the interested parties. Such application must contain the following information: capacity of the applicant (author, right owner, successor, employer in case of a service world), the name of the computer program, year of its creation, name(s) of the author(s) of the computer program if an applicant doesn’t belong to this category, description of the computer program, contact details of the applicant. It is also needed a sample of the copyright work (the source code of the computer program in paper and electronic form) (the first 25 and the last 25 pages of source code or any 50 consecutive pages that identifies the program in paper and electronic form).
A simply signed  power of attorney is needed.