On June 26, 2025, another session of the consultation point on intellectual property for exporters took place.
A private medical unitary enterprise inquired about the possibility of registering the trademark "Y Clinic. Your Health - Our Concern" in relation to medical services.
The consultant's response was based on the norms of Belarusian trademark law.
In accordance with subparagraph 1.4 of paragraph 1 of Article 4 of the Law of the Republic of Belarus "On Trademarks and Service Marks," designations are not eligible for registration as trademarks if signs and/or indications used to designate the type, quality, quantity, property, purpose, value of goods (services), as well as the time, place, and method of their production or sale, occupy a dominant position in them.
The word "clinic" indicates services for the treatment of people, therefore it cannot be registered as an independent service mark, since it falls under the absolute grounds for refusal to register a trademark. The letter "Y" is executed in a characteristic graphic style and is a protectable element of the trademark. In order for the designation "Y Clinic" to obtain its registration, the word "clinic" must be reduced in size so that it does not dominate, and disclaimed in the application, while the letter "Y" should be increased. The applicant was shown three trademarks of the Republic of Belarus registered in relation to services of class 44 of the Nice Classification, which contain a non-dominant designation "clinic."
Regarding the slogan "Your Health - Our Concern," the applicant should take two circumstances into account.
First, that in the Russian Federation an identical trademark did not fall under the absolute grounds for refusal to register signs and obtained its protection in relation to medical services of class 44 of the Nice Classification, therefore, from the point of view of Russian experts, the sign is not descriptive and does not indicate the type and purpose of the service. The other matter is how the Belarusian examination will view the claimed designation from the point of view of absolute grounds.
Second, that in the Republic of Belarus there is a similar designation "Your Smile - Our Concern," registered in relation to medical services of class 44 of the Nice Classification in the name of LLC "LODE." Whether the Belarusian examination or the Belarusian rights holder themselves will consider this designation to be similar to the point of confusion with an already registered trademark is a separate question.
