Trademarks in Belarus: registration, use, enforcement, and EAEU & Madrid routes

What is a “trademark” in Belarus and why the statutory definition matters?

In Belarusian law, “Trademarks” are signs capable of distinguishing goods, works, or services of one undertaking from those of others; the term expressly covers service marks. Legal protection is granted either by registration with the National Center of Intellectual Property (NCIP) or under international treaties binding on Belarus. The operative definition and protection mechanism appear in the Law of the Republic of Belarus “On Trademarks and Service Marks” (the Trademark Law).

How do you choose a filing route: national NCIP filing, Madrid (international) or EAEU (regional)?

Applicants have three practical gateways.

First, a national application with the NCIP in Minsk. The Office outlines the stages and requirements (formal examination, substantive examination, decision, publication, and certificate). The NCIP also confirms the basic validity term — 10 years — with unlimited 10-year renewals on payment of fees.

Second, the Madrid System (international registration) administered by WIPO. Belarus acceded to the Madrid Protocol in 2001; the Protocol entered into force for Belarus on January 18, 2002, so international registrations designating Belarus extend protection here, subject to examination by the NCIP. For portfolio planning, Madrid is often efficient when multiple countries beyond Belarus are targeted.

Third, the Eurasian Economic Union (EAEU) regional trademark. The Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the EAEU entered into force on April 26, 2021, laying the legal foundation for a single “Union trademark” covering all five EAEU members (Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia). The Treaty provides for a single application filed via any national office, a single EAEU register administered by the Eurasian Economic Commission, post-publication opposition, and a three-year non-use threshold. As the EAEU institutions have been phasing in the technical and procedural layer, applicants should verify current acceptance and workflows at the time of filing.

What can be registered and what are the key examination filters?

Under Belarusian law, registrable signs include word marks (including personal names), letters, numerals, figurative elements, colors or color combinations, and three-dimensional (3D) forms (including product shape or packaging), as well as combinations thereof. This broad range aligns with contemporary practice and allows brand owners to protect trade dress where capable of distinguishing origin.

Applications undergo formal and substantive examination by the NCIP. While Belarus does not have a statutory pre-grant opposition period, third parties may submit informal observations during examination. This procedural nuance becomes relevant when monitoring competitors and is one of the practical differences from many EU jurisdictions.

How long does protection last and when does non-use become a risk?

A Belarus trademark registration is valid for ten years from the filing date, renewable every ten years. The system, however, also embeds a use requirement. Following amendments, Belarus applies a three-year non-use period: if a mark is not used continuously for three years after registration, any person may seek early termination of protection due to non-use.

What does “use” mean in practice, and who must prove it?

Use generally includes affixing the mark to goods, packaging, documents, advertising, and in commerce within Belarus; evidence can also include customs records and supply documentation. In cancellation proceedings, the applicant bears the initial burden to raise non-use; the owner must then prove genuine use or provide reasons beyond its control.

What are your enforcement options: administrative, customs, and courts?

Enforcement tools align with international practice. On the civil side, a trademark owner may sue for infringement, seeking cessation and compensation. On the administrative side, customs and market surveillance measures can intercept infringing goods. The EAEU legal framework has also developed customs IP measures and coordination tools; Belarus’s NCIP and government resources highlight ongoing integration of customs enforcement in accordance with EAEU treaties. For owners active across the Union, aligning customs recordals and evidentiary kits (photos, invoices, power of attorney, test-purchase protocols) is now part of routine brand protection.

Belarus further modernizes public access to registers. In 2025 the NCIP launched an Automated IP Information System (“AIS Register of Industrial Property Rights Objects”), offering free access to data on patents, designs, plant varieties, trademarks, and GIs from official state registers — a helpful monitoring and evidence tool for right holders and investigators.

What should you watch for during clearance and prosecution?

Belarus maintains absolute and relative grounds aligned with international standards (distinctiveness, descriptiveness, conflicts with earlier rights, public order). While there is no statutory opposition window, the ability to file third-party observations during examination means vigilant competitors may influence the outcome even before registration. Timely responses and evidence of distinctiveness (including acquired distinctiveness) may tip the balance at the NCIP or on appeal. For design marks and 3D shapes, careful specification of goods and graphic representation technique will help avoid formal objections.

How do courts approach non-use and what evidence typically persuades them?

Because the non-use period is three years, Belarusian practice puts weight on dated and localized evidence: invoices to Belarusian customers, shipping and customs documents, advertising targeted at Belarus (including Belarus-specific webpages or social media campaigns), and licensee use (if properly authorized).

Practical recommendation: use a two-track filing calendar

For time-sensitive launches, run a two-track calendar: file a national Belarus application to lock the filing date and start examination, and file an international (Madrid) application within six months claiming Paris priority to other markets. If you target all EAEU states, assess whether an EAEU trademark (when fully operable for your goods and timelines) is more efficient than several national designations. This synchronized approach reduces clearance risk and gives you fallback options if one route encounters objections.

A little-known fact: Belarus has no statutory opposition period — but you can still influence someone else’s application

Unlike many systems with fixed opposition windows after publication, Belarus does not stipulate a formal opposition period. Instead, informal observations may be filed throughout examination. Competitors who monitor NCIP publications can submit observations pointing to earlier rights or absolute grounds; examiners may take them into account when issuing a provisional refusal. This tool is discreet yet effective — and often overlooked by foreign applicants used to classical oppositions.

About Law firm “Economic Disputes” — why instruct us on Belarus filings and enforcement

Law firm “Economic Disputes” advises foreign and Belarusian businesses on IP strategy, filing, oppositions/appeals, licensing, and litigation. Our English-language pages outline our work for foreign investors, dispute resolution practice, and team credentials. With 15 lawyers and other specialists, we combine 15–25 years of experience per senior lawyer, extensive courtroom practice, and daily work across English and Polish (besides Russian). We operate offices in Minsk (11 Kulman St.) and Grodno (23 Kalyuchinskaya St.), maintain a partner network in 40+ countries, and hold our own PKO Bank Polski account to streamline cross-border billing. Our clients have left 100+ positive reviews and we have helped 1,500+ clients recover or save over 1.5 billion BYN — figures you can verify on our website.

If you plan to file or enforce Trademarks in Belarus, send us your brand list and intended goods/services via the contact form on our website. We will propose a filing and use plan aligned with NCIP examination, Madrid strategy, and potential EAEU coverage, and prepare an evidence protocol to keep your registrations safe from three-year non-use actions.