On April 11, 2024, an in-person session of the consultation point for exporters is held. The consultation is provided in the consulting room within the framework of the "Legal Day" organized by the Department of Legal Support and Digital Technologies
Representatives of the Belarusian manufacturer and exporter of rubber products used in the assembly of equipment of the flagships of domestic engineering asked about the legality of a third party from the Russian Federation to indicate their own trademark on the products of the Belarusian manufacturer, which they received for subsequent retail sale from the Russian agent of the latter.
Without going into details of agency agreements, the consultant nevertheless noted that the agency is a more formalized and extensive activity than a subagency. The agent usually has a direct contract with the manufacturer and is responsible for the marketing, sale and service of the goods. A subagent is a company or individual who has a contract with an agent and performs the functions of selling goods or services on behalf of the agent. The subagent delivers goods, provides consultations and participates in advertising activities, but doesn’t have such responsibilities as warranty and service. Subagents can act as independent organizations or be branches of an agency company. They act as intermediaries between the agent and the end user and help expand the sales network and reach a wider audience of consumers.
The consultant also drew the attention of the consulting staff to the norms of the Belarusian and Russian legislation on trademarks.
In accordance with paragraph 4 of Article 20 of the the right to permit or prohibit the subagent from affixing its trademark on the product of the Belarusian manufacturer must be delegated in the agency agreement with the agent by the Belarusian manufacturer himself, but not by the agent without the appropriate permission of the manufacturer.
The consultant also drew the attention of the consulting staff to the norms of the Belarusian and Russian legislation on trademarks. In accordance with paragraph 4 of Article 20 of the the right to permit or prohibit the subagent from affixing its trademark on the product of the Belarusian manufacturer must be delegated in the agency agreement with the agent by the Belarusian manufacturer himself, but not by the agent without the appropriate permission of the manufacturer.
But, the use of its trademark by a Russian legal entity that purchased goods from a Russian agent for further resale of Belarusian goods without the consent of the manufacturer is unacceptable, even if it indicates the name of the Belarusian manufacturer. At best, the subagent can use the agent's trademark, but not his own when promoting the manufacturer's product.
If the Belarusian manufacturer nevertheless agrees to the subagency relations of its agent, then Representatives of the Belarusian manufacturer and exporter of rubber products used in the assembly of equipment of the flagships of domestic engineering asked about the legality of a third party from the Russian Federation to indicate their own trademark on the products of the Belarusian manufacturer, which they received for subsequent retail sale from the Russian agent of the latter.
