The first consultation session on intellectual property for exporters is held
The Latvian manufacturer of medicines asked how to defend against the claims of another foreign manufacturer of similar products if trademarks are registered for medicines of both Latvian and the other manufacturer on the territory of the Republic of Belarus.
The answer concerned the ex officio principle applied in the Republic of Belarus during the examination of the claimed designation in contrast to the European trademark registration systems which provide for a formal examination and publication of the trademark application for subsequent opposition from interested parties.
The examination in our country is carried out according to three criteria: phonetic, graphic and semantic similarity of the designations under consideration. This is the provision that should be taken into account in the case of trademark collisions. In addition, it must be taken into consideration whether the consumer will not perceive the new designation, which is somewhat similar to the previously registered one, as the designation of the same manufacturer. The consultee received follow-up recommendations: conducting a public opinion poll, the duration of signs on the market, registration of designations in the Ministry of Health, etc.
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20.01.2023
