On May 11, 2023, the 7th consultation for exporters is held
The Belarusian copyright holder of the trademark registered in the Republic of Belarus in respect of goods of class 05 ICGS (fungicides; herbicides; chemical preparations for the treatment of grain plants affected by diseases; chemical preparations for the treatment of cereals affected by cereal bunt; preparations for the eradication of parasites; preparations for the eradication of insects in agriculture; preparations for the eradication of harmful plants; preparations for the eradication of house fungi; antispore preparations; preparations for the eradication of mice) asked about the possibility of filing an application for an international trademark indicating 27 countries of the European Union, Russia, Kazakhstan and the People's Republic of China in respect of the mentioned goods and additionally goods of class 31 ICGS (trees; seedlings; plants; flowers).
The answer was received with understanding by the consultee.
The filing of an international application is possible on the basis of a basic national application(s) or basic national registration(s).
Since the consultee has only one basic trademark registration for goods of class 05 ICGS, an international application can be filed only for goods of class 05 ICGS.
If there is a need to extend the list of goods of the international application, it is first necessary to file the corresponding application in the Republic of Belarus for goods of Class 31 ICGS.
According to paragraph 194 of the Guide to the International Registration of Marks under the Madrid Protocol, an international application may be based on several applications and/or registrations under the Protocol collectively covering the goods and services to which it relates. The underlying applications and/or registrations must be held by the same person who files the international application and must be registered with the same Office.
After the national application passes preliminary examination and is accepted for consideration, filed in respect of goods of Class 31 ICGS, the Belarusian applicant will be able to file an international application on the basis of the national certificate (goods of Class 05 ICGS) and the national application (goods of Class 31 ICGS).
