Trademark Checking in Belarus: 5 Steps to Successful Registration

Contents:

• Why check a trademark before registering it?
• How to check the uniqueness of a trademark in Belarus
• How to determine the similarity of trademarks: key aspects
• Grounds for refusal to register a trademark: what is important to know
• How to check a trademark before registration
• Tips for checking trademarks yourself

Trademark registration is a key stage in brand protection in Belarus. Preliminary verification for uniqueness and compliance with the law is the key to saving time, money, and nerves. Refusal by the National Intellectual Property Center (NCIP) means the loss of paid fees.

Why Conduct a Trademark Check Before Registration?

• Financial risks. State fees for filing an application and examination are not refundable in case of refusal. The amounts are significant (more details on the NCIS website).
• Time costs. The examination at the NCIS lasts up to 12 months (and can be longer if requested). Losing a year is a serious blow to business plans.
• Possibility of correction. If the check reveals conflicting signs, you will have a chance to change your specifications before submitting the application.
• Preparation for defense. With minimal risks, the check will help you prepare your arguments for the NCIS in advance in case of objections.

Stages of preliminary review:
1. Uniqueness check: search for identical/similar trademarks already registered or submitted for registration in Belarus.
2. Analysis of compliance with legislation: assessment of whether the mark violates the provisions of the Law of the Republic of Belarus "On Trademarks" and the Civil Code of the Republic of Belarus (grounds for refusal).
3. Search the Internet: identify unregistered rights to similar designations (trade names, domains, active use), which may become grounds for challenging later.

How to check the uniqueness of a trademark in Belarus

1. Determine the classes of the Nice Classification
Select the classes of the International Classification of Goods and Services that correspond to your activity. The current version of the Nice Classification can be found on the website of the World Intellectual Property Organization (WIPO) or in the reference sections of the NCIP website.
Important: choose classes that precisely match your business and future plans. Avoid unnecessary classes. The wrong choice is a common cause of problems.
2. Select a verification method
1. Independent search in the NCIS databases:

• Database of trademarks registered in the Republic of Belarus. Available on the official website of the National Intellectual Property Center in the "Registers" / "Open Registers" section. Allows you to search by name, number, owner, and ICGS class.
• Database of applications for trademark registration. Also available on the NCIP website in the "Registers" / "Open Registers" section. Critically important for finding "fresh" conflicts.
• Database of international registrations valid in the Republic of Belarus. Available through the WIPO ROMARIN database. Filter by Designated Contracting Party: BY.

Limitation: searching by images (logos) in open databases is difficult. Analyzing the results requires skill.
2. Paid check at NCIS (patent examination)
You can order a preliminary search (information service) at NCIS itself. This is not a substantive examination, but the result will be more complete and structured than with an independent search, especially by images. Current rates and ordering procedures are available on the NCIS website in the "State Duties and Fees" / "Services" section. Please note that the cost depends on the number of classes.
3. Contact a patent attorney in the Republic of Belarus.
A professional will conduct a comprehensive review (including a sophisticated visual search and similarity analysis), assess the risks, and provide an opinion. This is the most reliable, but also the most expensive option. The list of patent attorneys of the Republic of Belarus is available on the website of the Ministry of Justice of the Republic of Belarus or on the website of the National Center for Intellectual Property.

How to determine the similarity of trademarks: key aspects

When assessing similarity for the purpose of refusing registration (or recognizing infringement of rights), the NCIS is guided by the Law of the Republic of Belarus "On Trademarks" and the Recommendations for the examination of applications for registration of trademarks and service marks (an internal document of the NCIS). Criteria:

• Phonetic similarity (sound): the main criterion. Signs are considered similar if they sound the same or similar (Piligrim vs Piligrim, Bel-lis-si-mo vs Bel-la-lis-si-mo).
• Graphic similarity (writing, image): visual perception. Similarity of fonts, composition, colors, individual elements of the logo (RIOKO vs ROIKO). Important: the specific graphic design is protected, not the idea.
• Semantic similarity (meaning): coincidence or closeness of meaning (Garden City vs. Garden Town, LISA vs. Lisaveta). Applies only to marks that have a semantic meaning. Fictional words are compared only by sound/spelling.

Grounds for refusal to register a trademark: what is important to know

The main prohibitions are listed in Article 5 of the Law of the Republic of Belarus "On Trademarks" and Article 1027 of the Civil Code of the Republic of Belarus. Key reasons for refusal:
1. Absolute grounds (not dependent on the rights of third parties):

• Lack of distinctiveness (descriptive signs: Pizza for a pizzeria, Eco for eco-products).
• Consists only of commonly used symbols or indications (100%, Best, &, $).
• Represents state symbols (flags, coats of arms), names/abbreviations of international or state organizations (without permission).
• Contradicts the public interest, principles of humanity and morality (swear words, offensive images).
• Can be misleading (for example, the Belarusian flax sign for goods from China; an image of a cow for pork).
• Is a generally accepted designation of a product/service (Aspirin, Thermos - which have become household names).
• Represents an indication of the type, quality, quantity, property, purpose, value of the product/service, as well as the place and time of their production or sale (if this is the only element of the sign).

2. Relative grounds (conflict with third-party rights):

• Identity or similarity to the point of confusion with trademarks/applications already registered/filed in the Republic of Belarus for similar goods/services.
• Identity/similarity with a well-known mark in the Republic of Belarus (even for dissimilar goods/services).
• Identity/similarity with a trade name, commercial designation, name of a selection achievement, industrial design, copyright (title/character of a book) or name/portrait of a famous person, the rights to which arose before your application.

How to check a trademark before registration

1. Search the Internet: Enter the proposed name in Google/Yandex. Search for:

• Companies with similar names (LLC, sole proprietorship, private unitary enterprise), even if they do not have a registered trademark. They can challenge your registration under the right to a trade name.
• Actively used brands, especially on Belarusian marketplaces or websites.
• International brands already present on the Belarusian market (even without local trademark registration).

2. Check for cultural/historical objects: make sure the mark does not contain protected images (Nesvizh Castle, Brest Fortress) without permission.
3. Check for names/characters: exclude matches with famous people or characters from works.
Important: Check results (especially for application databases) are current at the time of the search. New applications are submitted daily. Submit your application to NCIS immediately after receiving positive check results! The "window" between the check and the submission should be minimal (ideally - days).

Tips for checking trademarks on your own

• Learn the basics: familiarize yourself with the Law of the Republic of Belarus "On Trademarks" and key articles of the Civil Code of the Republic of Belarus (Chapter 63). The NCIS website has useful sections ("For Individuals," "For Legal Entities," and "State Duties").
• Use official sources: only the NCIS and WIPO ROMARIN databases provide reliable information on registered trademarks and applications in the Republic of Belarus. Don't rely on random online services.
• Consider all similarity criteria: when analyzing search results, evaluate marks not only by spelling, but also by sound and possible meaning.
• Don't skimp on critical stages: if an independent search reveals potential conflicts or the mark is complex (word + image), a consultation with a patent attorney of the Republic of Belarus is a necessary investment. Their contact information is available on the website of the Ministry of Justice of the Republic of Belarus or the National Center for Intellectual Property.
• Act quickly: found a "clean" mark? Apply to the National Center for Social Research without delay.