The mark for goods and services registered in the territory of Belarus or protectable under Madrid Agreement on international registration of trademarks, as well as a non-registered trademark, which has acquired general notoriety among certain population group as a result of its active use can be recognized as a well-known trademark.

The authorized agency for recognition of the trademark as well-known is the Board of Appeal, a special body within the National Centre of Intellectual property.

The procedure for recognition of the mark as well-known is regulated by the “Rules of recognition procedure of a trademark as well-known in Belarus”.

The sign can be recognized as a well-known mark under the court decision as well, while appealing the decision issued by the Board of Appeal.

Application for recognition of the trademark as well-known

The basis for recognition of the trademark to be well-known is the Application from the interested natural or juridical person filed with the Board of Appeal at the National Centre of Intellectual property.

The Board of Appeal has to issue its decision within 6 months from the application date.

The Application shall contain the date, from which, in applicant’s opinion, his/her mark has become well-known in the territory of Belarus.

The official fee for submission of the Application is USD 800.

Evidences confirming the well-knownness of the trademark:

  • Report on customer survey
  • Results of marketing researches demonstrating the share of the company in the market
  • Documents, confirming duration, intensity and the region of use of the trademark in the territory of Belarus
  • Certified documents, confirming the conduction of advertising actions in regard of the corresponding trademark
  • Certified documents, confirming the participation in the exhibitions, sponsored programs etc., inter alia the documents, confirming the costs for the conduction of the cited actions;
  • Certified copies of the Certificates, confirming the registration of a trademark (or the applications for such registrations)
  • Documents, confirming the acknowledgement of the trademark as well-known in foreign states
  • Any other kind of information about the circumstances on which basis a conclusion that a trademark is well-known in Belarus could be made.

Decision on recognition of the trademark as well-known, decision on nonrecognition of the trademark as well-known

A trademark is recognized as well known in Belarus in case the corresponding evidences represented in the documents, submitted by applicant in support of its application, are recognized by the Board of Appeal as sufficient for confirmation of the well-knownness of a trademark. Accordingly, the trademark is not recognized as well-known in case of insufficiency of such evidences.

In case the evidences provided by the applicant sufficiently prove the well-knownness of the trademark at least in one of the corresponding sector of society of Belarus, such a trademark is to be recognized as well-known in the territory of Belarus.

In the above mentioned case the corresponding sectors of society can consist of:

  • real and potential customers of such a type of products or services for which the trademark is used;
  • people, participating in the distribution of such goods and services for which the trademark is applied
  • business circles dealing with the goods and services for which the trademark is applied


In case of refusal to satisfy the Application the Board of Appeal has to issue the decision indicating the grounds of such refusal. This decision can be appealed by the interested parties according to the law on appeal of decisions of the Board of Appeal.

The Certificate for a well-known trademark shall be issued by the state agency “National Centre of Intellectual Property” within a month from the date of entering the trademark into the register.

Recordal in the State Register of well-known trademarks in Belarus

Information about the trademark, recognized as well-known shall be recorded in the State register of well-known trademarks in Belarus. This Register is held by the Agency “National Centre of Intellectual Property”.