What exactly is a trademark in Belarus, and why does the legal definition matter for cost and timing?
In Belarusian law, a trademark is a sign that distinguishes the goods or services of one person from those of others; protection arises through registration with the National Center of Intellectual Property (the NCIP). The definition and the structure of the registration procedure are not abstract: they determine what must be examined, on what schedule the office acts, and which official fees are charged at each stage. The core framework appears in the Law of the Republic of Belarus on Trademarks and Service Marks, which governs filing, examination, registration, duration, use, cancellation, and avenues of appeal.
How long does the state intend the early stage to take, and where do the first deadlines sit?
The statute places the preliminary examination at two months from the date the NCIP receives the application. This is a legal checkpoint at which the office verifies the presence and form of required documents, the payment of fees, and other formalities; if issues appear, the applicant may be invited to correct them within statutory periods. The two-month benchmark is written into Article 9 of the law. What follows is the substantive examination of distinctiveness and conflicts, which begins after the preliminary stage is completed and ends with a decision to register or to refuse.
Why is it important to understand the post-decision calendar?
Because Belarus law ties the final administrative steps to fee events and sets precise administrative windows. After a positive decision, registration in the State Register is effected within one month from the date the NCIP receives proof of payment of the prescribed registration fee. The certificate then issues within one month after the entry in the Register. The term is 10 years from the filing date, and renewal is possible for successive 10-year periods; a six-month grace period with an additional fee is permitted for renewal. These back-end time markers convert a decision into an enforceable right and are expressly codified.
What are the official fees and where do they come from?
Unlike many jurisdictions where fees are scattered across several acts, Belarus consolidates them through the Tax Code and the NCIP’s published schedules. The NCIP’s “Fees” page states that patent fees, their rates, calculation procedure, and payment terms are set by the Tax Code, and the NCIP hosts a calculator to compute the payable amounts for a particular filing. In early 2025 the NCIP and national media summarized the current pattern in “basic units”: for one class of the Nice Classification, the fee for filing and preliminary examination is 10 basic units, the fee for examination of the designation is 28 basic units, and the fee for registration in the register and issuance of the certificate is 19 basic units. In that communication, the NCIP explained that, in total, obtaining protection for one class amounts to 57 basic units, with higher totals for multiple classes; renewals were indicated at 60 basic units. Because Belarus expresses many state fees in basic units that may be re-indexed annually, applicants should verify the current monetary value when budgeting.
Why do published timeframes vary between “about a year,” “up to two years,” and “two years plus certificate”?
The answer is in the substantive examination phase and case complexity. The statute does not set a fixed outer limit for substantive examination; it depends on the examiner’s queries, any need for argument or limitation of goods and services, and the internal queue. Belarusian practitioners and international surveyors report different observed durations: some cite around 6-12 months in straightforward cases; others warn that, without acceleration, 12–24 months is possible. The variance is not a contradiction—it reflects the procedural elasticity built into substantive examination and the fact that the statutory two-month clock governs only the preliminary stage.
Is accelerated examination available, and what does it really change?
The NCIP offers paid acceleration options. Official explanations clarify that accelerated substantive examination may be requested not earlier than six months after filing, and separate services exist for accelerated preliminary examination within set working-day windows, subject to content constraints (for example, the size and formatting of the goods/services list). In practice, where the record is clean and the specification is focused, acceleration can reduce the overall registration calendar significantly, although complete registration in 1.5–2 months is exceptional and scenario-dependent. The safe planning approach is to treat acceleration as a calendar-risk hedge rather than a guaranteed outcome.
What is the language and representation regime, and how does it affect timeline?
Proceedings take place in Belarusian or Russian. Foreign applicants must act through a Belarus patent attorney registered with the NCIP, a requirement spelled out in the law. The representation clause is more than a formality: it dictates who can sign responses, how quickly examiner queries can be handled, and whether supplemental materials are admitted within the statutory windows. Well-prepared local counsel can materially shorten cycles between office actions and responses.
At what point do appeals enter the calendar, and who hears them?
If the NCIP refuses an application—either at preliminary examination (for formal deficiencies) or after substantive examination (for absolute or relative grounds)—the applicant may appeal to the Appeal Board (Board of Appeals) of the NCIP within the deadlines set by the law; a further judicial appeal lies to the Supreme Court. The Board of Appeals is an institutional, pre-trial body at the NCIP, and the law codifies a six-month period to seek court review of the Board’s ruling. Understanding this hierarchy is essential when assessing “worst-case” timelines, because an appeal can add months yet may be decisive in rescuing valuable marks.
How do use and non-use rules influence long-term planning and cost of ownership?
Belarus protects registrations for ten years from filing, but it also polices dormant portfolios. Current law provides that legal protection may be terminated early for continuous non-use during any three-year period after registration, absent valid reasons. This three-year standard reflects amendments captured in updated English translations and is confirmed by practice notes from Belarusian firms and regional commentators; older compilations may still show five years, so counsel should rely on up-to-date sources. The point is practical: budget today for post-registration evidence collection (labels, invoices, Belarus-targeted ads, distribution documents) so the registration survives a non-use challenge.
What about international routes and their effect on time and cost?
Belarus participates in the Madrid System, and holders of international registrations can designate BY to request protection. For Madrid designations, Belarus has declared an 18-month time limit for notification of provisional refusal. The cost side is governed by individual fees payable to WIPO for designating Belarus at filing and renewal, independently of national NCIP fees for purely domestic filings. That said, even for Madrid designations, Belarusian language, representation, use, and appeal rules apply once a provisional refusal issues and must be overcome locally. Applicants should compare the Madrid fee table in Swiss francs with the national fee schedule denominated in basic units to choose the most efficient route for their filing program.
What does a realistic end-to-end calendar look like for a domestic filing?
In a routine case with a focused specification and no obstacles prolongation is nearly 6-12 months from filing to registration, followed by one month to enter the Register (after payment) and one additional month to issue the certificate. In busier years or where examiner queries arise, some guides project 20–24 months to registration. Applicants who add accelerated stages can compress the file significantly, but the total still depends on the mark, the goods/services, earlier rights, and the responsiveness of the applicant’s team. For cross-border groups, it is prudent to map two scenarios in the budget: a standard track (~12–18 months) and a slow track (~18–24 months), with a contingency line for acceleration fees.
Why does pre-filing preparation save money?
Because each avoidable examiner objection (for vague specifications, overbroad claims, or conflicts) adds months and triggers extra attorney time. A targeted clearance check in the NCIP and WIPO databases prior to filing often prevents those detours. The NCIP even explains the procedural stages and highlights the public fee calculator—two official touchpoints that applicants can consult while drafting their specification and allocating budget. In our practice, a concise goods/services list aligned with the intended Belarus use within three years carries the best ratio of speed to enforceability.
A small but practical recommendation: create a one-page internal “Belarus filing sheet” that lists (i) the basic-unit totals for filing, examination, and registration for the number of classes you plan, (ii) the BYN equivalent at today’s basic-unit value, (iii) the calendar dates for the two-month preliminary exam window and the target date to consider acceleration (no earlier than six months), and (iv) the post-decision tickler to pay the registration fee promptly so the NCIP can enter the mark in the Register within one month and issue the certificate the following month. That single page prevents the most common overruns: missed windows and last-minute budget surprises.
Conclusion: cost, time, and calendar discipline
Belarus trademark prosecution is structured, transparent, and sensitive to planning. Your cost baseline is a sum of state fees—denominated in basic units and detailed by the NCIP and the Tax Code — plus professional fees for drafting, responses, and, where needed, acceleration. Your time baseline is set by a statutory two-month preliminary examination, an open-ended but manageable substantive examination, and precise one-month windows to enter the Register and to issue the certificate after payment. Your risk baseline is defined by a three-year non-use cancellation threat and by the appeals architecture that can extend the calendar but often decides the case. With those baselines in mind, the fastest route is a clean specification, early clearance, timely responses, and selective use of acceleration once six months have passed from filing.
Law firm “Economic Disputes” prepares Belarus-specific filing strategies, drafts and prosecutes applications before the NCIP, obtains accelerated stages where justified, and handles appeals before the NCIP Appeal Board and the Supreme Court. Our team includes lawyers with 15–25 years of courtroom experience; the firm is led by Sergey Belyavsky, who worked 20 years in economic courts (including 10 years as a judge) and now serves as a recommended arbitrator at the ICAC under the Belarusian Chamber of Commerce and Industry.
We operate from Minsk (11 Kulman St.) and Grodno (23 Kalyuchinskaya St.), work fluently in English and Polish, maintain a partner network in 40+ countries, and support international clients through our account with PKO Bank Polski for efficient cross-border settlements. More than 1,500 clients have recovered or saved over BYN 1.5 billion, and 100+ positive reviews are available on our website. If you plan to file a trademark in Belarus or convert a Madrid designation into a strong local right, send us your mark, intended goods/services, and timelines on our website, https://e-sud.by, — we will build a costed calendar and keep the file moving from application to enforceable certificate.
