The 12th session of the Intellectual Property Consultation Point for Exporters is held on 08 August 2024.
The representative of the Belarusian LLC engaged in the sale of equipment and accessories for baths, saunas, addressed a question regarding the possibility of registration of the trademark ‘Baths Completion Centre’ in relation to the service of supplying equipment and accessories for baths, saunas, swimming pools, etc. (class 35 of the International Classification of Goods and Services for the Registration of Marks). (class 35 of the International Classification of Goods and Services for the Registration of Marks).
In this case, the consultee presented two variants of the mark: a word mark and a combined mark.
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 subparagraph 1.4 of paragraph 1 of Article 4 of the Law it is not allowed to register as trademarks the following signs: signs and (or) indications dominating in which are 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 considered verbal designation ‘Bathhouse Completion Centre’ indicates the purpose of the service, which does not allow it to be protected as a trademark.
The verbal designation ‘Bathhouse Completion Centre’ under consideration indicates the purpose of the service, which does not allow it to be protected as a trademark.
A combined designation consisting of a dominant verbal element and a pictorial part in the form of a stylized image of a fire on a circular substrate has a chance of registration if two conditions are met: The verbal designation must not be dominant and the pictorial part must not be identical or confusingly similar to a previously registered trade mark of another person in respect of homogeneous services of class 35 of the ICGS.
The person, who consulted, was recommended to order a preliminary search for identity and similarity of the figurative designation, and in case of a positive result, to refine the design of the mark by eliminating the dominance of the word part ‘Bathhouse Completion Centre’.
