On March 19, 2026, the fourth session of the intellectual property advisory service for exporters took place.
A representative of a Belarusian trading company that imports sportswear from Bulgaria bearing a trademark of the Bulgarian manufacturer well-known in sports circles inquired about the possibility of obtaining a certificate of own production for these goods.
In their response, the consultant explained to the inquirer that, in this instance, the trading company was not eligible to obtain the certificate in question and recommended contacting the BelCCI’s Department of Certification and Expert Activities for further information on obtaining a certificate of own production.
At the same time, if the Belarusian trading company acting as the representative (event) of the Bulgarian company within Belarus wishes to acquire rights to the trademark in the Republic of Belarus by filing an application in its own name, it must comply with the provisions of Article 6 septies of the Paris Convention for the Protection of Industrial Property.
In accordance with paragraph 1 of this article, if the agent or representative of the person who is the proprietor of a mark in one of the countries of the Union applies, without such proprietor’s authorization, for the registration of the mark in his own name in one or more of those countries, the proprietor shall be entitled to oppose the registration applied for or demand its cancellation or, if the law of the country so allows, the assignment in his favor of the said registration, unless such agent or representative justifies his action. In accordance with paragraph 2 of the same article, the owner of the mark has the right, subject to the conditions set forth in paragraph 1, to prevent the use of the mark by an agent or representative, unless the owner has consented to such use.
This means that to file an application for this trademark on behalf of a Belarusian trading company, it is necessary to obtain permission from the Bulgarian trademark owner, provided that the mark has not already been registered in Belarus by the Bulgarian manufacturer itself.
Upon receipt of such consent, the Belarusian representative may file an application for the trademark in question and, having obtained registration, continue distributing Bulgarian products within the territory of Belarus.
