On January 22, 2026, the first session of the intellectual property consultation center for exporters in 2026 took place.
The head of a Belarusian company engaged in the sale of Turkish-made cosmetic products on the Belarusian market requested clarification regarding the possibility of using its own trademark alongside the trademark of the Turkish manufacturer.
During the consultation, it was established that the Belarusian company’s trademark is registered for goods in Class 3 and services in Class 35 of the Nice Classification, namely: “cosmetics, perfumery” and “services related to the wholesale and retail sale of cosmetics and perfumery,” respectively. It also turned out that the products are purchased from a Russian dealer who has undertaken all procedures related to product certification within the EAEU and customs clearance.
The consultant’s response was based on the provisions of the Law of the Republic of Belarus “On Trademarks and Service Marks” (hereinafter – the Law).
In accordance with paragraph 4 of Article 20 of the Law, persons engaged in intermediary activities may, on the basis of and in accordance with an agreement, use their own trademark on the goods they sell alongside the manufacturer’s trademark, as well as place it instead of the manufacturer’s trademark.
However, the provision of the Law alone is not sufficient. In order to qualify as a person engaged in intermediary activities, the Belarusian company must conclude a dealership agreement with the Turkish manufacturer of cosmetics and perfumery, assume responsibility for product certification in the EAEU market, and carry out customs clearance of the goods. Only upon fulfilling these conditions will the Belarusian company be able to rely on this provision of the Law and affix its trademark—registered for the relevant goods and services in Classes 3 and 35 of the Nice Classification—on the products, packaging, accompanying documentation, and advertising materials.
At the same time, this does not mean that the Belarusian intermediary has the right to manufacture the goods in question, since it has not been granted such a right. The right to manufacture goods under the trademark of the rights holder may only be granted under a license agreement, which must be registered with the National Center of Intellectual Property. In addition, the Turkish manufacturer must be the owner of its trademark rights within the territory of Belarus.
