On December 26, 2024, the seventeenth session of the Intellectual Property Consultation Point for Exporters held
A Belarusian manufacturer of goods intended for export to Middle Eastern countries inquired whether it would be possible to register a trademark incorporating the applicant’s trade name and the dominant verbal element "MiddleEast" for perfumery products.
The response was based on the provisions of Article 4 of the Law of the Republic of Belarus "On Trademarks and Service Marks."According to paragraph 1 of this article, registration as trademarks is not permitted for designations where the dominant position is occupied by signs and/or indications used to designate the place of production or distribution of goods.
Furthermore, under paragraph 5 of the same article, registration as trademarks is prohibited for designations that are false or capable of misleading consumers regarding the goods, their place of origin, or their manufacturer. In the English language, the term "Middle East" became widely used in the 20th century as a replacement for the term "БлижнийВосток" (Near East). Consequently, in Russian, the term "Middle East," which originally referred to the "СреднийВосток"(Intermediate East), is generally translated as "БлижнийВосток" (Near East).The term "Middle East" is a broad concept encompassing countries such as Afghanistan, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Palestine, Qatar, Saudi Arabia, Syria, Sudan, Turkey, the United Arab Emirates, and Yemen. Wikipedia also includes the Republic of Cyprus in this category.
Trademark examination may perceive the phrase "Middle East" as an indication of the goods’ place of production, which could pose challenges for the Belarusian manufacturer in registering the trademark. In the event of a refusal, it could be argued that the designation "Middle East" does not specify a particular place of production due to its broad scope. Additionally, the issue could be resolved by removing the dominance of the phrase "Middle East." Regarding potential consumer deception about the place of origin of the goods, overcoming a refusal to register such a trademark could be achieved through subsequent disclaimer of the phrase "Middle East."
It is worth noting that in the Russian Federation, there are cases where similar verbal and combined trademarks, including the phrase "ДальнийВосток" (Far East), have been registered without a disclaimer. For example, the brewing company "Baltika" from St. Petersburg has successfully registered such marks, despite originating from a different region.
