On November 13, 2025, another session of the intellectual property consultation center for exporters was held.
Not for the first time, business entities have approached the consultation center with similar questions. A Belarusian entrepreneur who had established the sale of welding equipment at reduced prices submitted a request to register the designation “WELDING DISCOUNTER” as a trademark for Class 35 services under the Nice Classification, namely “services related to wholesale and retail sale of welding equipment.”
The consultant’s response was based on the norms of Belarusian trademark law.
According to paragraph 1 of Article 1 of the Law of the Republic of Belarus “On Trademarks and Service Marks” (hereinafter referred to as the Law), a trademark and service mark (hereinafter referred to as a trademark) is a designation that serves to distinguish the goods, works, and/or services of one person from homogeneous goods and services of other persons.
As is known, the word “discounter” (from the English “discount” - to reduce the price; in Russian, a store offering reduced prices) refers to a retail outlet with a wide assortment of goods at prices below the average market level. In other words, the word “discounter” indicates the type of service - the sale of goods at reduced prices.
In turn, the word “welding” characterizes the type of goods sold in such a discounter — namely welding equipment, welding machines, and welding units.
Thus, both words in the phrase “welding discounter” indicate the type of service and the type of goods. This is not permissible for a trademark, since a trademark is primarily a designation intended to distinguish the goods and services of one entity from those of another.
By obtaining protection for a non-distinctive element that lacks distinguishing features, an entrepreneur could gain a state-guaranteed monopoly advantage over competitors. This is precisely why the legislator has established a corresponding barrier to such monopolies.
In accordance with subparagraph 1.4 of paragraph 1 of Article 4 of the Law, registration as trademarks is not permitted for signs in which the dominant position is occupied by elements and/or indications used to designate the type, quality, quantity, properties, purpose, value of goods (services), as well as the time, place, and method of their production or sale.
For this reason, the designation “welding discounter” cannot be registered as a trademark for services involving the sale of welding equipment at reduced prices.
The consultant reviewed the database of Belarusian trademarks containing the word “discounter” and identified five registered marks with this term. However, first, the verbal elements “discounter” or “window discounter” appear only as parts of combined or composite trademarks; second, they do not occupy a dominant position in those trademarks; and third, they are disclaimed elements within their composition. This means that in the registered trademarks containing the word “discounter,” independent legal protection does not extend to the word “discounter” or “window discounter” itself. Essentially, any person engaged in selling goods at reduced prices or with discounts may register a trademark that includes this word alongside protectable elements.
The entrepreneur was advised to develop a combined designation in which the phrase “welding discounter” is non-dominant, and only then to file a trademark application.
