The short answer
Under the Law of Belarus No. 2181-XII of 5 February 1993 on Trademarks and Service Marks (text consolidated to November 2023), a trademark registration is valid for ten years from the date the application was filed, and can be extended an unlimited number of times for ten years each, on an application filed in the last year, with a further six months after expiry on request. Protection can end early by decision of the Supreme Court after three years of non-use. A new owner cannot register an expired mark for six months.
Trademark deadlines in Belarus at a glance
These rules come from the Law of the Republic of Belarus No. 2181-XII of 5 February 1993 on Trademarks and Service Marks, in the Russian official text consolidated on 13 November 2023, read on WIPO Lex and translated by us. It may have been amended since, and fees and procedure are in separate rules, so we confirm the current position before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the date of filing the application with the patent authority, extendable an unlimited number of times (Article 13). |
| Which date does the term count from? | The filing date of the application (Article 13(1)). |
| When can I renew? | The term can be extended an unlimited number of times on the owner's application filed in the last year of validity, each time for ten years. The entry is made in the Register (Article 13(2) and (3)). |
| Is there a grace period? | Yes. On the owner's request, a six-month period after expiry can be granted for the extension, on payment of the patent fee. A registration of an expired mark for a new owner is allowed no earlier than six months after expiry (Article 13(2)). |
| Opposition period | The Law does not set a pre-grant opposition period. Information about a pre-examined application is published on the authority's website and any person can read the application. A grant can be contested as invalid under Article 25 (Articles 9-1 and 25). |
| Reply to an office action | An applicant who disagrees with a refusal can file a complaint with the Appeals Council of the patent authority within one year of receiving the decision (Article 11). |
| Priority claim | Priority is set by the filing date, or by the date of the first application in a Paris Convention state (Article 7). |
| Non-use | Legal protection can be ended early, for all or part of the goods, for non-use without good reason continuously for any three years after registration. The Supreme Court of Belarus decides on a request by an interested person (Articles 20(3) and 26). |
| Assignment | The exclusive right can be assigned and the transaction registered with the patent authority (Articles 22 to 24). |
Who can register a trademark in Belarus
An application is filed with the patent authority. The Law covers trademarks, service marks and collective marks (Articles 6 and 18).
Representation. Foreign citizens and organisations enjoy the rights in the Law on par with Belarusian ones unless otherwise provided (Article 30). We confirm the patent attorney requirement for foreign applicants before filing.
Trademark registration process in Belarus
Search
- Search the the National Center of Intellectual Property of Belarus (NCIP, the patent authority) records for identical or similar marks in your classes.
File the application
- File with the the National Center of Intellectual Property of Belarus (NCIP, the patent authority), through a Belarusian patent attorney.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After preliminary examination, the application details are published on the patent authority's website, and any person can inspect the application (Article 9-1).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the National Center of Intellectual Property of Belarus (NCIP, the patent authority) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Belarus trademark validity and renewal
- Registration is valid for ten years from the filing date.
- Extend in the last year, each time for ten years.
- Six more months can be granted with the fee.
- Use the mark to avoid early termination after three years.
Diarise the last year of the ten-year term from the filing date.
Assignment, licence and changes to a Belarusian trademark
Changes
Register
Changes and corrections are entered under Article 14.
Restored deadlines
Possible
Missed time limits can be restored (Article 14-1).
Madrid
International
Rules on international registrations are in Articles 16 and 16-1.
Invalidity
Challenge
A grant can be declared invalid under Article 25.
Non-use and cancellation of a Belarusian trademark
Protection ends on expiry, on a Supreme Court decision for non-use under Article 20(3), on the owner's written renunciation, or on the closure of the owner without a successor (Article 26).
Keep dated proof of use in Belarus: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Belarus
Search the NCIP register and official bulletin for the filing, registration and extension dates.
Sources used
- Law of Belarus No. 2181-XII of 5 February 1993 on Trademarks and Service Marks (consolidated to 2023), official Russian text on WIPO Lex (translated by us): Articles 7, 9-1, 11, 13, 14, 20, 25, 26 and 30.
- NCIP for fees, forms and the current procedure.
Belarus trademark FAQ
How long does a trademark last in Belarus, and from when?
Ten years from the date of filing the application with the patent authority, extendable an unlimited number of times (Article 13). It counts from the filing date (Article 13).
When should I renew a Belarusian trademark, and is there a grace period?
The term can be extended an unlimited number of times on the owner's application filed in the last year of validity, each time for ten years. The entry is made in the Register (Article 13(2) and (3)).
What is the opposition period in Belarus?
The Law does not set a pre-grant opposition period. Information about a pre-examined application is published on the authority's website and any person can read the application. A grant can be contested as invalid under Article 25 (Articles 9-1 and 25).
How much does it cost to register a trademark in Belarus?
The official fee is set by the the National Center of Intellectual Property of Belarus (NCIP, the patent authority) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Belarus?
Yes. A foreign applicant can register a trademark in Belarus, normally through a Belarusian patent attorney (Article 30). We arrange this.
Can I assign a Belarusian trademark?
The exclusive right can be assigned and the transaction registered with the patent authority (Articles 22 to 24).
Can a Belarusian trademark be cancelled for non-use?
Legal protection can be ended early, for all or part of the goods, for non-use without good reason continuously for any three years after registration. The Supreme Court of Belarus decides on a request by an interested person (Articles 20(3) and 26).
How can I check the status of a Belarusian trademark?
Use the the National Center of Intellectual Property of Belarus (NCIP, the patent authority) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority is set by the filing date, or by the date of the first application in a Paris Convention state (Article 7).
How do I change the owner's name or address?
Record the change with the the National Center of Intellectual Property of Belarus (NCIP, the patent authority) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Belarus
SUPREMEiP® files trademarks worldwide through its network and checks every Belarusian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
