+ 375 (17) 226-99-34

e-mail: info@patentoffice.by

Absolute grounds for refusal of registration

Distinctive character. Availability of the distinctive character shall be the fundamental condition for a designation to be registered as a trademark.

The distinctive character shall be conditioned by features of the designation itself.

The designation filed for registration as a trademark must individualize goods or services of legal entities or individuals among homogeneous goods or services of other legal entities or individuals.

Absence of the distinctive character shall be the absolute ground and will entail refusal of registration of the trademark.

The absolute grounds for refusal of registration shall cover the following designations:

  • designations, representing separate letters, figures, having no characteristic graphic implementation, combination of letters, having no verbal character; lines, simple geometric figures, as well as their combinations, not forming compositions, giving qualitatively different perception level, different from perception of separate elements included into it;
  • realistic or schematic images of goods claimed for registration as trademarks for designation of such goods;
  • three-dimensional objects which form is conditioned exclusively by the functional purpose;
  • ordinary names, representing, as a rule, simple indications of the goods declared for designation of such goods: ordinary abbreviated names of organizations, enterprises, industries, and their abbreviations;
  • marks or indications used to designate the kind, quality, quantity, feature, intended purpose, value of the goods, as well as time, place and manner of their production or sales.

The absolute grounds for refusal of registration of a trademark shall cover designations which:

are false or capable of misleading the consumer in relation to the goods, place of origin or manufacturer thereof;

represent or contain indication to the place of origin of wines or hard liquors protected in virtue of international treaties of the Republic of Belarus, for designation of wines or hard liquors not originated from such place.

 

 

Koubriakov, Tseliatsitskaya & Partners, Ltd.   220004 Minsk , avenue Pobediteley, 17, of. 1015, Republic of Belarus.    Tel/Fax: (017) 226 99 34.  License for rendering of legal services No. 02240/1410 issued by the Ministry of Justice of the Republic of Belarus  pursuant to the decision No. 181/1 dated November 29, 2013/span>

facebook

facebook