Trademark Oppositions in Belarus

Cancellations in national trademark registration procedure in Belarus

A trademark is any sign that can be represented graphically and capable of distinguishing goods or services.

After filing the trademark application, there is an examination step in which the examiners from the Patent and Trademark Office checks the proposed description of goods and/or services associated with the given mark and decides whether it can be registered or not.

Please note that, in Belarus, trademark oppositions are not available.

Some alternatives of trademarks opposition are cancellation, revocation or invalidation.

The cancellation or any equivalent procedure should be based on relative grounds, absolute grounds, on non-use, bad faith issues, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark;  rights under Art. 6 septies of the Paris Convention; rights of a registered company name (local or foreign), rights under Art. 8 of the Paris Convention; rights under Art. 6 ter of the Paris Convention (Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations); offenses against public policy or principles of morality; other admissible grounds like the name the trademark reproduces the surname, first name, pseudonym or a derivative thereof, the portrait and/or a facsimile of a person known in the Republic of Belarus on the date of priority of the opposed trademark, without the consent of this person or his successor in title; in case of liquidation of the trademark owner represented by a legal entity or death of the owner represented by a natural person, if the rights in the trademark were not succeeded to; the trademark becomes the customary designation for goods of a particular type.

The owner of a registered trademark can file the cancellation within five years from the date of publication of the trademark registration particulars in the Official Gazette. In case of non-use the deadline is after continuous non-use for any five years after its registration.

The cancellation authority is the Belarus Patent office.

If you are facing oppositions in national trademark registration procedure in Belarus, please contact us at office@trademark-oppositions.com.