THE STATE PATENT COMMITTEE OF THE REPUBLIC OF BELARUS

DECREE
No. 2 dated August 9, 2001

ON APPROVAL OF THE RULES FOR THE RECOGNITION OF TRADEMARKS AS WELL KNOWN IN THE REPUBLIC OF BELARUS

In accordance with subpoint 1.3 of point 1 of Article 5 of the Law of the Republic of Belarus "On Trademarks (Service Marks)" No. 2181-XII dated February 5, 1993 (Newsletter of the Supreme Council of the Republic of Belarus, 1993, No. 13, Article 128; National Register of Legal Acts of the Republic of Belarus, No. 106, 2/222, 2000), the State Patent Committee of the Republic of Belarus DECREES:
   1. To approve the proposed "Rules for the Recognition of Trademarks As Well Known in the Republic of Belarus."
   2. To maintain a registry of well-known trademarks in the Republic of Belarus at the State Registration Department (N. M. Kaminskaya).
   3. To publish this Decree in the "Official Bulletin" of the State Patent Committee of the Republic of Belarus in its "Official Information" column (A. K. Gleb, Information and International Communication Directorate).
   4. To appoint Deputy Chairman of the State Patent Committee of the Republic of Belarus, Yu. L. Bobchenok, as the official authorized to supervise the implementation of this Decree.

Chairman
V. I. KUDASHOV

Approved
by Decree
of the State Patent Committee
of the Republic of Belarus
No. 2 dated August 9, 2001

Rules for the Recognition of Trademarks as Well Known
in the Republic of Belarus

These "Rules for the Recognition of Trademarks as Well Known in the Russian Federation" (hereafter referred to as "Rules") are laid down pursuant to subpoint 1.3, point 1 of Article 5 of the Law of the Republic of Belarus "On Trademarks (Service Marks)" No 2181-XII dated February 5, 1993 (Bulletin of the Supreme Council of the Republic of Belarus, 1993, No. 13, Article 128, National Registry of Legal Acts of the Republic of Belarus, 2000, No 106, 2/222) and determine the procedure for and requirements with respect to the recognition of a trademark as well known in the Republic of Belarus in conformity with point 1 of Article 2 of the Law of the Republic of Belarus "On Trademarks (Service Marks)" and by virtue of point 1 of Article 6bis of the Paris Convention for the Protection of Industrial Property dated March 20, 1883 as revised in Brussels on December 14, 1900, in Washington on June 2, 1991, at The Hague on November 6, 1925, in London on June 2, 1934, in Lisbon on October 31, 1958, and in Stockholm on July 14, 1967, and amended on October 2, 1990 (hereafter referred to as the "Paris Convention for the Protection of Industrial Property").

Article 1. General Provisions

1. For the purposes of these Rules, a well-known trademark in the Republic of Belarus shall be understood to mean a trademark recognized as one that is well known according to the procedure stipulated by these Rules, a trademark protected on the territory of the Republic of Belarus by virtue of its state registration, or an unregistered trademark protected on the territory of the Republic of Belarus by virtue of an international agreement or treaty to which the Republic of Belarus is a signatory.

2. A trademark recognized as well known serves, in accordance with subpoint 1.3, point 1 of Article 5, and subpoint 1.2, point 1 of Article 25 of the Law of the Republic of Belarus "On Trademarks (Service Marks)", and Article 6bis of the Paris Convention for the Protection of Industrial Property, as the basis for rejecting another party's request for either the registration of and/or invalidating of the registration of a trademark to another party's name with respect to any goods and/or services that are identical or confusingly similar to this well-known trademark.

3. The decision regarding whether or not to confirm a trademark as well known in the Republic of Belarus shall be issued by the Council of Appeals of the State Patent Committee of the Republic of Belarus (hereafter referred to as "Council of Appeals") according to evidence put forth in the application for the recognition of a trademark as well known in the Republic of Belarus.

4. The consideration of an application for the recognition of a trademark as well known in the Republic of Belarus is governed by these Rules under the procedure stipulated by the "Rules for the Filing of Complaints, Petitions and Review thereof by the Council of Appeals of the State Patent Committee of the Republic of Belarus" approved by the Decree of the State Patent Committee of the Republic of Belarus of May 17, 2001, No. 1 (National Registry of Legal Acts of the Republic of Belarus, 2001, No. 55, 8/6151) for the duration of a six-month period starting from the submission of an application to the Council of Appeals.

Article 2. Application for the Recognition of a Trademark as Well Known

5. An Application for the recognition of a trademark as well known in the Republic of Belarus (hereafter referred to as the "Application") may be filed with the Council of Appeals by a trademark owner or his/her authorized representative (hereafter referred to as the "Applicant") in the event such should consider their trademark to be well known.
6. The Application shall indicate from what date the Applicant considers his/her trademarks to be well known in the Republic of Belarus.
7. The Application must contain information that establishes a basis for concluding that the trademark is well known. Such information may include facts regarding:
7.1. the extent to which the trademark is known and recognized in corresponding sector(s) of the community of the Republic of Belarus, in particular, how recognizable the trademark is to actual and/or potential consumers of the corresponding product;
7.2. the duration and intensity of the trademark's use, as well as the territorial region of the Republic of Belarus in which the trademark was used. Information to this effect may include the following: the date marking the beginning of the trademark's use; a list of locations where goods were sold and/or services were offered involving the use of the trademark; the sales volumes of such goods; the manner in which the trademark was used; the average annual number of consumers of such goods and/or services; the market position of the manufacturer in a particular economic sector, etc.;
7.3. the duration, intensity and the region of any activity to promote the trademark, including advertising, propaganda, and presentations at fairs or exhibitions of goods and/or services to which this trademark had a direct application;
7.4. the duration and number of registrations of the trademark in other countries of the world and/or the quantity of registration claims pertaining to the trademark in foreign states to the extent to which this information describes the use or recognition of a trademark;
7.5. the recognition of a trademark as well known in foreign states, including in the trademark's country of origin or in the country of the trademark's owner;
7.6. the intrinsic value of the trademark;
7.7. the information provided by an independent specialized agency with regard to the results of consumer polling on whether or not the trademark is perceived to be well known.
7.8. An applicant has the right to submit any information about circumstances that may provide a basis for concluding that the given trademark is well known in the Republic of Belarus.
8. All information submitted by an applicant must be confirmed by required documents.
9. Five 8x8-centimeter pictures of the trademark shall be attached to the application (photographs, reprints, and so forth).
The trademark picture may be submitted in the form of an actual label.
When a three-dimensional trademark is submitted, its general picture, and if necessary, additional projections offering a thorough and complete view of the trademark, as well as the trademark itself in its actual size is to be enclosed with the application.
The submitted trademark shall be depicted in those colors or color combinations that correspond to one's application for a particular trademark to be recognized as well known.
The trademark picture shall be of good graphic quality.
10. A document confirming payment of the established processing fee shall be attached to the application.

Article 3. Consideration of an Application

11. While considering an application, the Council of Appeals shall take into account all information submitted by an applicant according to point 7 of Article 2 of these Rules.
12. If necessary, an applicant may be requested to submit additional information confirming the well-known status of the trademark in the Republic of Belarus.
13. The applicant may upon his/her own initiative submit additional information supporting a plea to recognize the trademark as well known from a date that is different from that which had been originally indicated on the application on the condition that such information be submitted not later than a month prior to the first session of the Council of Appeals on the trademark in question.
14. A trademark is recognized as well known in the Republic of Belarus in the event the Council of Appeals concludes that the information submitted by an applicant to substantiate its application is sufficient to recognize the trademark as well known in the Republic of Belarus.
If the Council of Appeals should conclude that the information submitted by an applicant is insufficient to confirm the well-known status of a trademark in the Republic of Belarus, then the application shall be denied.
15. If the information submitted by an applicant sufficiently confirms the well-known status of a trademark at least in one public sector of the Republic of Belarus, such a trademark is recognized as well known in the Republic of Belarus. These public sectors, in particular, may include:
15.1. actual and/or potential consumers of goods and/or services rendered under the trademarks;
15.2. persons who participate in the distribution of goods and/or services rendered under the trademarks;
15.3. business circles that are engaged in rendering goods and/or services under the trademark.
16. A trademark may be recognized as well known in the Republic of Belarus from a date that differs from that indicated on the application if the facts submitted by an applicant do not confirm the well-known status of the trademark from the date indicated on the application.

Article 4. Ruling of the Council of Appeals

17. If the application is satisfied and the trademark is recognized as well known in the Republic of Belarus, the ruling of the Council of Appeals shall include the following information:
date of the ruling;
trademark picture;
date from which the trademark is recognized as well known in the Republic of Belarus;
name and location or place of residence of the owner of the well-known trademark.

18. If the application is denied, the ruling of the Council of Appeals shall indicate the reasons for its denial.
19. The Ruling of the Council of Appeals may be contested by an involved party according to the legal procedure for contesting rulings of the Council of Appeals.

Article 5. Publication of Information Regarding Well-Known Trademarks

20. A trademark that is recognized as well known shall be included in the registry of well-known trademarks in the Republic of Belarus. The State Patent Committee of the Republic of Belarus shall maintain this registry.
21. Information related to the recognition of the trademark as well known shall be published in the official bulletin of the State Patent Committee of the Republic of Belarus immediately after the ruling of the Council of Appeals becomes effective. The following information shall be published:
trademark picture;
name of the owner of the well-known trademark;
date from which the ruling regarding the recognition of the trademark as well known in the Republic of Belarus becomes effective;
date from which the trademark is recognized as well known in the Republic of Belarus.