On October 26, 2023 the sixteenth session of the intellectual property consultation point for exporters ends
A Belarusian manufacturer of vegetable oils applied with a question about the possibility of registration as a trademark of a word designation in two levels, the first of which contains the word in Latin "RAY" in a characteristic graphic manner of execution, and the second - an indication in English of the type of goods "Sunfloweroil".
The answer was based on the norms of the Law of the Republic of Belarus "On Trademarks and Service Marks" (hereinafter - the Law). In accordance with subparagraph 1.4 of paragraph 1 of Article 4 of the Law, it is not allowed to register as trademarks designations dominated by signs and (or) indications used to designate the type, quality, quantity, property, purpose, value of goods, as well as the time, place and method of their production or sale.
The representative of the exporting enterprise, who asked for a question, clarified that the word designation "Sunflower oil" does not occupy a dominant position in the alleged trademark, representing only one third of the total area of the word "RAY". Thus, it could have been included in the composition of the trademark, if not for one essential circumstance.
Since the Belarusian manufacturer intends to produce not only sunflower oil, but also rapeseed oil, corn oil, linseed oil and other oils, the narrow indication "Sunflower oil" on the type of product in relation to other types of oils would be false. In accordance with subparagraph 5.1. of paragraph 5 of Article 4 of the Law it is not allowed to register as trademarks designations that are false or capable of misleading the consumer as to the goods, the place of origin or its manufacturer.
The person who consulted was recommended to exclude the unprotected designation from the trademark application and to apply only for the word designation "RAY" in a characteristic graphic manner of execution.
