Intellectual property objects require additional registration with the NCIS. The article will tell you about the peculiarities of the trademark registration procedure, its necessity and timing.
What is a Trademark?
Each person encounters trademarks several dozen times a day; they have already become an integral part of the modern world.
A trademark is a designation to easily distinguish several similar services from one person from another. Belarus registers verbal or digital designations and their combinations as such a mark. The most popular way to register a trademark is the verbal format, and it can represent not only a word, but also a sentence, phraseological unit, etc. The most typical examples would be Coca-Cola, Microsoft, Instagram, etc.
What are service marks?
The service mark serves the same purpose, but this concept is more often used to denote not a product, but a service. The concepts of a trademark and a service mark are closely related, so all regulations for one mark are applicable to another.
Service marks include the MTS mobile network or Yandex.
Why is it necessary to register a trademark?
Usually, the success of goods or services is determined by the uniqueness of their symbols and slogans. Users can more easily perceive and remember the names of the companies that caused them an association or just a positive emotion. Despite this, it is extremely difficult to simply come up with a flashy name for your business. To obtain additional benefits, the name must pass the registration stage.
What are the benefits of registering a company name?
• Protecting your business. If you do not register a name in the market, do not be surprised when a cafe with the same name opens on a nearby street and yours is taken away. Because Any person can register a new name, you can be deprived of the opportunity to use this designation, or even sue you with a claim for compensation, etc.
• Fight against competitors. Once you receive the registration document, you can be sure that no one person will receive commercial benefits under the name of your business.
• Obtaining exclusive rights to use a trademark. The law on the protection of intellectual property allows the owner of a trademark to transfer the rights of use to any person under a licensing agreement.
• Individualization of goods / services. A unique logo will make your company stand out in the eyes of the client.
• Advertising of goods / services. If you correctly approach the process of creating a trademark, then it will sell your brand without additional investment.
Trademark registration procedure
To register your trademark, you need to go through several stages:
• Submit an application. It is your responsibility to contact the patent attorney and send your application to the NCIP. Why invite an additional specialist? For registration success. The attorney knows exactly what stages you have to go through and will do everything possible so that the representatives of the center do not send you a refusal.
• Preliminary examination. As soon as you have submitted an application, the center's specialists begin to conduct an examination. The preliminary examination lasts for two months and checks the list of required documents, checks for fees and the literacy of the application. Upon completion of the stage, the center either accepts the application or refuses to register.
• Examination of the declared designation. This stage takes six months, however, you can apply for an accelerated examination. This will help reduce the time frame to one year.
• Registration and issuance of a trademark certificate. After paying the fee, the center registers the trademark in the State Register. And already this month you will be able to pick up the certificate. The validity of the registration is determined for a period of 10 years, after which you can apply for an extension.
List of required documents for registration
In order to correctly submit an application and not face a refusal, you must collect the following documents:
• Application. You write in Russian letters a request to register your trademark. You must indicate all personal data, sign the application from the patent attorney, and submit the application to the NCIS.
• Check of payment of the duty. The fee is paid at the first stage of the application. Its size can be checked with the center staff, they will calculate the amount depending on your trademark.
• Declared designation. The title or image must be in a format that will be registered.
• Description of the claimed designation. You must describe your designation in such detail that the center's specialists will approve your application. If this is an image, then you must describe the meaning embedded in each detail and disassemble every component of the object. The detail of the protection of the mark will depend on your description.
• Power of attorney addressed to the representative. If you are using the services of a specialist in patent matters, you need to attach a power of attorney with your signature.
If you attach the necessary documents in a foreign language, be sure to provide their translation into Russian with a certified notary seal.
Trademark registration term
A trademark or service mark is registered for a period of 10 years, after which you can renew it. Renewals are also valid for 10 years.
By law, the owner of the registration certificate can use the trademark and dispose of it on the territory of the Republic of Belarus. Also, the powers of the owner include the transfer of rights to the trademark to his trustees, if this is secured by official permission.