+ 375 (17) 226-99-34

e-mail: info@patentoffice.by

Procedure for registration


Examination of a trademark application shall include preliminary examination and examination of the claimed designation.

The term for holding preliminary examination makes up two months from the date of filing of the application with the National Center of Intellectual Property.

Preliminary examination checks the correct preparation of the application documents, correct execution of the list of goods and services as well as payments of all necessary fees.

Examination of a designation shall be held upon completion of preliminary examination of the application; upon results thereof, a decision will be made on acceptance of the application for consideration.

At the main examination stage, assessment of protectability of the claimed designation shall be carried out on the absolute grounds and other grounds. Upon the examination results, a decision will be made either on registration of the trademark or on refusal of its registration.

Currently, the term for consideration of an application for registration of a trademark makes up 12 months from the date of filing of the application.

The applicant has an opportunity to accelerate the process of consideration of the application by way of filing of a request for accelerated examination of the designation submitted for registration.

 

TERMS FOR REGISTRATION OF A TRADEMARK
      1. Preliminary examination of the application for a trademark - 2 months.

2. Fee for filing an application for a trademark and substantive examination - 2 months.

3. Request for preliminary examination of the application for a trademark:
3 months from the date of receipt - the answer
+ 3 months - extension

4. Publication of the application for the trademark - 2 months from the moment of the decision to accept the application for consideration.

5. Priority can be specified when filing or within 2 months from the moment of filing an application for a trademark, to submit documents there are 3 months upon filing application.

6. Substantive examination - 12-13 months. (under the law: no more than 2 years from the date of the decision to accept the application for registration of a trademark for consideration)

7. Request for substantive examination:

3 months from the date of receipt - the answer

+1 year - renewal

8. Notification of the fee surcharge - 2 months for the fee surcharge since notification sending.

9. Decision on refusal to register a trademark application:

Response to refusal - 2 months. + 1 for mail = 3 months

+ 18 months. The extension of the deadline for submitting an application for re-examination.

10. Decision on registration of the trademark.

Payment of the official fee - 3 months from the date of receipt

Late payment of the fee - within 3 months from the expiration date with a surcharge of 50%

Registration of the trademark - 1 month from the payment of the official fee

Issuance of the trademark certificate - 1 month since registration of the trademark.

Publication - 2 months since the registration of the trademark

GOOD TO KNOW:

Art. 14-1. Of the Law "On Trademarks and Service Marks": Restoration of missed terms with valid excuses (The answer to the request of preliminary examination, re-examination). Not later than 3 months from the expiration date.

Art. 184 Provisions of NCIP at the stage of re-examination suspends clerical work if all terms for renewal are missed (18 months) and documents are provided that final decision on the opposed registration has not been made (by court, MART, AS, WIPO). The re-examination restarts after the petition. Without petition – only with the available materials.

For the trademarks registered before January 24, 2010 the period of non-use is 5 years.

Trademarks registered after January 24, 2010 have a non-use period of 3 years.

For registration of the trademarks, please contact our email address:This email address is being protected from spambots. You need JavaScript enabled to view it.

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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