LAW OF THE REPUBLIC OF BELARUS

of July 17, 2026 No. 170-Z

About change of the laws concerning legal protection of intellectual property items

Accepted by the House of Representatives on June 24, 2026

Approved by Council of the Republic on June 30, 2026

Article 1. Bring in the Law of the Republic of Belarus of February 5, 1993 No. 2181-XII "About trademarks and service marks" the following changes:

1. From preamble the word "registration" to exclude.

2. To add Item 1 of article 2 after the word "its" with the word "state".

3. To state Item 1 of Article 3 in the following edition:

"1. The owner of the trademark has exclusive right to use the trademark for individualization of goods at discretion in any form and any method which is not contradicting the law, and also has the right to permit or prohibit use of the trademark to other persons.

The exclusive right on the trademark arises from the date of state registration of the trademark in patent body.

The owner of the trademark can dispose of the exclusive right belonging to it on the trademark by any method which is not contradicting the law and being of such exclusive right.

The owner of the trademark can perform alienation of the exclusive right belonging to it on the trademark under the contract of assignment of exclusive right on the trademark, except for case, stipulated in Item 2 articles 22 of this Law, to grant right to use of the trademark according to the license agreement, to perform pledge of exclusive right on the trademark according to the pledge agreement of exclusive right on the trademark, and also to dispose of exclusive right on the trademark by the conclusion of other agreement.".

4. In Article 4:

"refusal in" to add the name of Article after words with the word "state";

in Item 1:

the paragraph one after the words "It Is Not Allowed" to add with the word "state";

state subitem 1.3 in the following edition:

"1.3. in which dominant position is held by the commonly accepted symbols and terms;";

from subitem 1.5 of the word", the essential value of goods" to exclude;

in Item "-1.3" to replace 2 figures with figures ", 1.2";

state Item 2-1 in the following edition:

"2-1. Conditions under which designations, and also the signs and (or) instructions, the commonly accepted symbols and terms in designations specified in Item 1 of this Article hold dominant position are established by Council of Ministers of the Republic of Belarus.";

in Item 3 and paragraph one of Item 5 shall be replaced with words the word "registration" "state registration" in the corresponding case;

in item 4:

to add part one after the words "It Is Not Allowed" with the word "state";

part the second after the first offer to add with the offer of the following content: "For consideration of the application on receipt of such consent under authorized state body the interdepartmental commission on consideration of possibility of provision of consent to use in the trademark of separate designations which is created of number of the leading and other employees of authorized state body, other state bodies, the organizations is created (with the consent of their heads).";

in part three:

the paragraph one after the words "in case" to add with the word "state";

in paragraph three of the word "on use" to replace with the word "uses".

5. In Article 5:

in the name of Article, subitem 1.1 of Item 1, Items 3 and 6 shall be replaced with words the word "registration" "state registration" in the corresponding case;

in Item 2 shall be replaced with words the word "Registration" "State registration";

in item 4:

subitem 4.1 after the words "declared on" to add with the word "state";

state subitem 4.2 in the following edition:

"4.2. the name of grade of plant, the breed of animal protected in the Republic of Belarus, the right to which in the Republic of Belarus arose at other person before priority date of the registered trademark;";

to exclude from subitem 5.3 of Item 5 of the word "or designation, derivative of them".

6. State Article 6 in the following edition:

"Article 6. Request for state registration of the trademark

1. The request for state registration of the trademark (further if other is not provided, - the application) is submitted by the organization or physical person (further - the applicant) to patent body.

The application submitted to patent body is the national request.

The request is considered by patent body within fifteen months from the date of its receipt in patent body. The request is considered considered if according to it the decision on refusal in adoption of the request or is made on refusal in state registration of the trademark or the certificate on the trademark is granted. The specified term can be increased by terms, stipulated in Item the 6th this Article, by part two of Item 2 of Article 9, Item 3, parts two both third Item 6 of Article 10 and Item 2 of article 14-1 of this Law, for the term of suspension of conducting repeated examination of the declared designation, and also for the term of submission of the data confirming payment of patent fee for state registration of the trademark in the State register of trademarks and service marks of the Republic of Belarus (further - the Register) and issue of the certificate on the trademark if such data are not provided before decision making about state registration of the trademark or about state registration of the trademark concerning part of the goods specified in the list of the request.

2. Application in patent body, business management with patent body can be performed by the applicant independently or through the patent agent certified and registered by patent body in the State register of patent agents of the Republic of Belarus (further - the patent agent), who is acting on the basis of the power of attorney except for of the case provided by part two of this Item.

The applicants taking the permanent location or the permanent residence in foreign states run the business connected with the request and state registration of trademarks in the Republic of Belarus through the patent agents who are acting on the basis of the power of attorney if other is not provided by international treaties of the Republic of Belarus.

3. The request shall belong to one trademark.

4. The request shall contain the statement for state registration of designation as the trademark with indication of:

4.1. applicant, and also its location or residence;

4.2. the declared designation;

4.3. the inventory for which protection of the trademark, the goods and services for registration of signs grouped in classes according to the International classification is asked.

5. If the application is submitted for the collective mark, the regulations on the collective mark shall be attached to the request.

6. The data confirming payment of patent fee are specified in the statement for state registration of designation as the trademark or are represented to patent body within two months from receipt date of the request in patent body. In case of non-presentation at the scheduled time of the specified data the request is recognized not given what the applicant is notified within three working days from the date of the expiration of fixed term on. Expertize according to such request is not carried out, the rights of the applicant cannot be based on this request.

7. Requirements to the request and the documents attached to it, procedure for conducting examination of the request and decision making by its results, except for the provisions determined by legal acts, and also condition and the requirement to submission of the power of attorney to patent body are established by Council of Ministers of the Republic of Belarus.

Commitment forms and powers of attorney are established by authorized state body.".

7. In Article 8:

in Items 3-6 shall be replaced with words the word "registration" "state registration" in the corresponding case;

state Item 7 in the following edition:

"7. From the date of application and before the expiration of three months from the date of receipt of the decision by the applicant by results of examination (repeated examination) of the declared designation the applicant has the right to submit for the same designation the selected application containing part of names of the goods specified in the list of the initial request for date of its giving in patent body with preserving in the selected request of date of giving and priority date of the trademark according to the initial request.

If by results of examination (repeated examination) the decision on state registration of the trademark or on state registration of the trademark is made on part of the goods specified in the list of the request, the selected application shall be submitted before date of this registration.

According to the selected request the decisions provided by part one of Item 3 of Article 9 and part one of item 4 of article 10 of this Law are made.".

8. In Article 9:

in Item 1 of the word "the last of the documents specified in Item part one" shall be replaced with words "the data specified in Item";

Item 2 part one after the words "declared on" to add with the word "state";

in Item 3:

state part one in the following edition:

"3. By results of preliminary expert examination the decision on adoption of the request or on refusal in adoption of the request is made.";

in part two:

to exclude from paragraph one of the word "to consideration";

the paragraph third after the words "declared on" to add with the word "state";

to exclude from item 4 of the word "to consideration".

9. To exclude from Item 1 of Article 9-1 of the word "to consideration".

10. In Article 10:

state Item 1 in the following edition:

"1. Expertize of the declared designation is carried out upon completion of preliminary expert examination in time, not exceeding one year from decision date about adoption of the request.";

in Item 2 shall be replaced with words the word "registration" "state registration";

in Item 3:

after the first offer to add Item with the offer of the following content: "At the same time conducting examination stops before representation by the applicant of correctly drawn up materials.";

shall be replaced with words the word "registration" "state registration";

in item 4:

state part one in the following edition:

"4. By results of examination the decision on state registration of the trademark, on state registration of the trademark is made on part of the goods specified in the list of the request or on refusal in its state registration what the applicant is notified within three working days from the date of decision making on.";

in part two shall be replaced with words the word "registration" "state registration" in the corresponding case;

in Item 5 of the word of "registration of the trademark" shall be replaced with words "state registration of the trademark, about state registration of the trademark concerning part of the goods specified in the list of the request";

state Item 6 in the following edition:

"6. In case of the applicant's disagreement with the solution of examination he has the right to submit to patent body the petition for conducting repeated examination of the declared designation on condition of payment of patent fee. In the petition the data confirming payment of patent fee are specified.

The petition moves in three-months time from the date of receipt of the solution of examination. If by results of examination the decision on state registration of the trademark is made on part of the goods specified in the list of the request, the petition moves before date of state registration of the trademark concerning this part of goods.

According to the petition of the applicant three-months term can be prolonged no more than for eighteen months provided that the petition for prolongation of term arrived in patent body before the expiration of this term.

The patent body for the petition of the applicant has the right to suspend conducting repeated examination of the declared designation in the cases established by Council of Ministers of the Republic of Belarus.".

11. Article 11-14 to state in the following edition:

"Article 11. Appeal of the decision according to the request

1. In case of disagreement with the solution of preliminary expert examination on refusal in adoption of the request, or the decision on refusal in state registration of the trademark made on the bases, stipulated in Item 3 articles 10 of this Law or the decision on refusal in state registration of the trademark made by results of repeated examination of the declared designation, the applicant has the right within one year from the date of receipt of the decision to appeal it in Appeal council under patent body (further - Appeal council) or in the Supreme Court of the Republic of Belarus.

If by results of repeated examination of the declared designation the decision on state registration of the trademark is made on part of the goods specified in the list of the request, the applicant has the right to appeal this decision in Appeal council or in the Supreme Court of the Republic of Belarus within one year from the date of receipt of the decision, but before date of state registration of the trademark concerning this part of goods.

Requirements to the claim and the documents attached to it, procedure for its giving and consideration by Appeal council, decision makings by results of such consideration are established by Council of Ministers of the Republic of Belarus.

2. The claim shall be considered within one month from the date of its receipt in Appeal council.

3. The decision of Appeal council can be appealed by the applicant in the Supreme Court of the Republic of Belarus within six months from the date of receipt of the decision if other term is not provided by part two of this Item.

If by results of consideration by Appeal council of the claim to the decision by results of repeated examination the decision on partial grievance settlement or on refusal in grievance settlement is made on state registration of the trademark on part of the goods specified in the list of the request, the applicant has the right to appeal the decision of Appeal council in the Supreme Court of the Republic of Belarus within one year from the date of receipt of the decision, but before date of state registration of the trademark concerning this part of goods.

Article 12. State registration of the trademark and issue of the certificate on the trademark

1. Based on the decision on state registration of the trademark, on state registration of the trademark concerning part of the goods specified in the list of the request, the patent body within ten working days from the date of receipt of the data confirming payment of patent fee makes state registration of the trademark in the Register if other is not provided by parts two and third this Item.

In case the data confirming payment of patent fee for state registration of the trademark in the Register and issue of the certificate on the trademark are provided in case of application, and also during its consideration, but before date of the direction to the applicant of the decision on state registration of the trademark, about state registration of the trademark concerning part of the goods specified in the list of the request, the patent body makes state registration of the trademark in the Register within ten working days from decision date.

In case the data confirming payment of patent fee for state registration of the trademark in the Register and issue of the certificate on the trademark are provided to patent body, and the applicant submits the petition for conducting repeated examination of the declared designation or the decision according to the request in Appeal council or in the Supreme Court of the Republic of Belarus is appealed, the patent body makes state registration of the trademark within ten working days from acceptance date by results of repeated examination of the decision on state registration of the trademark, about state registration of the trademark concerning part of the goods specified in the list of the request, or from the effective date decisions of Appeal council or the Supreme Court of the Republic of Belarus.

The data relating to state registration of the trademark, and also change of these data are entered in the Register.

2. Issue of the certificate on the trademark is made by patent body within five working days from the date of state registration of the trademark in the Register.

3. In case of non-presentation of the data confirming payment of patent fee within six months from the date of the direction to the applicant of the decision on state registration of the trademark, about state registration of the trademark concerning part of the goods specified in the list of the request if the decision was not appealed, state registration of the trademark in the Register and issue of the certificate on the trademark are not made, and according to the request the decision on refusal in state registration of the trademark with indication of is made on cancellation of earlier made decision on state registration of the trademark, on state registration of the trademark on part of the goods specified in the list of the request what the applicant is notified within three working days on.

4. State registration of the trademark in the Register and issue of the certificate on the trademark are not made, the decision on state registration of the trademark, on state registration of the trademark concerning part of the goods specified in the list of the request is cancelled and according to the request the decision on refusal in state registration of the trademark is made if the declared designation began to contradict public concerns because it represents symbolics, attributes or information products recognized as extremist materials based on the judgment which took legal effect during the period from decision date about state registration of the trademark, about state registration of the trademark concerning part of the goods specified in the list of the request before date of its state registration in the Register.

5. According to the statement of any person the patent body issues the statement from the Register.

6. The authorized state body establishes procedure for maintaining the Register and issue of statements from it, except for the provisions determined by legal acts and resolutions of Council of Ministers of the Republic of Belarus, structure of the data entered in the Register, and also forms of statements for change of the data relating to state registration of the trademark on issue of statements from the Register.

7. During certificate effective period on the trademark according to the application of the owner submitted to patent body before expiration of the certificate for the trademark its duplicate can be issued if the certificate on the trademark is lost or became useless.

Article 13. Certificate effective period on the trademark

1. The certificate on the trademark is valid within ten years from receipt date of the request in patent body.

2. The certificate validity on the trademark can be extended any number of times according to the application of the owner submitted within the last year actions of this certificate, every time for ten years.

Requirements to the statement provided by part one of this Item and also procedure for its consideration, except for the provisions determined by legal acts are established by Council of Ministers of the Republic of Belarus.

According to the petition of the owner for prolongation of effective period of the certificate on the trademark six-months term from expiry date of this certificate on condition of payment of patent fee can be provided to it.

State registration of the trademark which term of legal protection expired on the new owner is allowed not earlier than in six months after certificate effective period on such trademark. If the former owner of the trademark submitted to patent body the declaration of abandonment in legal protection of the trademark, state registration of this trademark on the new owner can be made before six months.

3. Record about prolongation of effective period of the certificate on the trademark is entered by patent body in the Register. At the request of the owner of the trademark similar record is made in the certificate on the trademark.

Article 14. Modification of the Register and error correction

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