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AMENDMENTS AND ADDITIONS
TO THE LAW OF THE REPUBLIC OF BELARUS
 “ON TRADEMARKS AND SERVICE MARKS”

24.07.2009

 On 15 July 2009 the Republic of Belarus passed the Law “On the Introduction of Amendments and Additions to the Law of the Republic of Belarus “On Trademarks and Service Marks”.

The Law is directed to improving regulation of relations arising in connection with registration, legal protection and use of trademarks and service marks (hereinafter referred to as Trademarks) and protection of rights of their owners.

Principal amendments and additions introduced into the Law of the Republic of Belarus “On Trademarks and Service Marks” are as follows:

  •  the circle of persons is broadened that are entitled to file an application for registration of a trademark. For the time being an organization (regardless of its legal status) or a citizen can act as an applicant; • the Law specifies the grounds for refusal of trademark;

  • procedures connected with pendency of trademark applications are brought into accordance with the requirements of the Law of the Republic of Belarus “About Basis of Administrative Procedures”;

  • the Law confers the right to any person to peruse documents of a trademark application submitted on the filing date thereof;

  • the term for filing an appeal against the Examiner’s decision at the Board of Appeals is extended from three months to one year, while the term for consideration of an appeal by the Board of Appeals is reduced from four months to one month;

  • Section I “A well-known trademark” is additionally introduced, wherein at the legislative level the concept of a well-known trademark is disclosed as well as the procedure of acknowledging a trademark to be well-known is determined. The Law states that a well-known trademark enjoys unlimited protection. A ground for terminating legal protection of a well-known trademark is loss of notoriety in the Republic of Belarus among relative consumers in respect of a certain product group for which the trademark was acknowledged to be well-known;

  •  the Law states that it is allowed to register a trademark which term of legal protection has expired, in the name of a new owner not earlier than in six months after the expiry of registration. At the same time if a former owner of a trademark files an application for revocation of trademark legal protection at the patent authority, a registration of a trademark in the name of a new owner may be effected earlier than six months;

  • the Law specifies admissible methods for using a trademark.

  • The use is effected by the use of a trademark on goods with respect of which it is registered as well as on labels, packages, in the global computer network Internet (including in the domain name), on the documentation relating to the introduction of the product into civil circulation, in the course of execution of work, rendering services. It is also allowed to use a trademark with its amended individual elements not affecting its distinctive character and not limiting the legal protection provided for the trademark;

  • The Law introduces the amendments into the Art. 20.6 of the Law of the Republic of Belarus “On Trademarks and Service Marks” with regard to reducing the period of non-use of a trademark from five to three years;

  • The Law provides a possibility of pledge the right for a trademark ;

  • it is provided that instead of recordal of trademark assignment agreements, security and pledge trademark agreements and license agreements an Applicant is obliged to inform the patent authority about concluding, amending and terminating of such agreements;

  • The Law provides the definition of the term “infringing goods” as well as provisions of the Law regarding protection of civil rights from illegal use of a trademark, in particular, it is defined that deleting an illegally used trademark from the product as well as destruction of infringing goods is carried out at the expense of a guilty person.

The law comes into force on 25 January 2010. Trademark and service mark applications, the pendency which is not completed till the indicated date shall be examined by a patent authority according to the order effective before coming the Law into force.

http://belgospatent.org.by/index.php?option=com_content&view=article&id=239%3A24072009&Itemid=96

 


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