+ 375 (17) 226-99-34

e-mail: info@patentoffice.by

Conditions for granting of legal protection

In order to register a designation as a trademark, its compliance with the requirements (requirements of protectability of a trademark) established by the legislation will be necessary.

 

Article 6quinquies of Paris Convention envisages the absolute range of types of marks which may be denied registration or which registration may be invalidated. 

 Trademarks covered by this Article may be neither denied registration nor invalidated except in the following cases:

  1. when they are of such a nature as to infringe rights acquired by third parties in the country where protection is claimed;
  2. when they are devoid of any distinctive character, or consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, place of origin, of the goods, or the time of production, or have become customary in the current language or in the bona fide and established practices of the trade of the country where protection is claimed;
  3. when they are contrary to morality or public order and, in particular, of such a nature as to deceive the public.

All the foregoing types of marks that may be denied registration or which registration may be invalidated are specified in the effective legislation as absolute or other grounds for refusal of registration of a trademark.

 

 

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>

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