Trademarks

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.                                           

Source: LAW ON TRADEMARKS AND SERVICE MARKS

 

Entered into force 05.03.1993, edition from 29.10.2004