On 13 June 2024, the 9th session of the Intellectual Property Consultation Point for Exporters ended
A manufacturer of starters for automobiles and tractor machinery asked whether it was possible to obtain a trademark registration for the article or factory number of its product in order to obtain the exclusive right to digital labelling.
The answer was based on the norms of the Law of the Republic of Belarus ‘On Trade Marks and Service Marks’ (hereinafter - the Law).
In accordance with Article 4 of the Law
1. The following designations shall not be permitted to be registered as trademarks:
1.1. having no signs of distinction;
1.2. coming into general use as a designation of goods of a particular kind;
1.3. which are generally accepted symbols and terms;
1.4. 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 manner of their production or sale.
As it is known, the article of goods is its definition, its designation. It is a fixed, alphabetic or numerical value to systematize a certain type of product: by manufacturer, color, composition and other distinguishing features. For each type of starter there is a numerical marking, which is applied to its body by the manufacturer.
Serial (factory) number of the product is a unique code that is assigned to the product for its identification. This number consists of a certain number of symbols (Latin letters and digits). It contains almost all data about the product, its manufacturer, date of manufacture and other characteristics of the product.
For example, in part ... .3708-01 you can see the following data: 37 - electrical group; 3708 - starter; 01 - serial number of the series.
The article and serial number of the product fit subparagraph 1.4 of paragraph 1 of the said article and cannot be protected as a trademark.
