Franchising in Belarus: how to check trade mark rights

A well-known name does not necessarily mean that the franchise seller has the right to authorise its use in Belarus. For the buyer, a mistake could mean replacing signage, packaging and advertising after opening. Franchising is a community of entrepreneurs, but trust within that community is no substitute for checking documents. Below is a step-by-step guide to checking trade mark rights before paying any money or ordering branding for your outlet.

1. Identify which brand elements you are buying the right to use

Start not with the registration certificate, but with a list of everything customers will see: the name on the shopfront, the logo, the app name, and the branding on packaging and in advertising. Ask the franchisor to identify the document that authorises it to permit your use of each element.

A company name and a trade mark are not the same thing. The former identifies a commercial organisation; the latter identifies goods or services. The company name in the agreement may legitimately differ from the name of the franchise network. However, the mere existence of a company with a similar name does not prove that it holds rights to a shop or café logo.

Belarus has no standalone franchising law, but its Civil Code contains specific provisions. Article 910 provides for a comprehensive business licence agreement — a franchise agreement. The package of licensed rights includes the right to use the rights holder’s company name, other intellectual property specified in the agreement, and undisclosed information. A trade mark is not necessarily a mandatory element of every such agreement.

However, if the offer is specifically marketed as an opportunity to operate under a particular trade mark, the right to use it must be legally documented. The Law of the Republic of Belarus on Trade Marks and Service Marks also applies. Article 910-1 of the Civil Code requires franchise agreements to be in writing and registered with the state; registration is handled by the National Centre of Intellectual Property (NCIP). These requirements do not replace a separate check of the trade mark itself.

2. Check protection specifically in Belarus

Ask for the registration number, a representation of the mark, details of its owner and the list of goods and services covered. Then compare the documents with current information in the NCIP’s official registers. If the franchisor relies on an international registration, check the World Intellectual Property Organization’s records and the protection status for Belarus.

Registration in another country does not, by itself, provide protection here. Nor does an international registration mean automatic protection in every country: it must extend to Belarus, with protection in force for the relevant goods or services.

Use these five points to structure your checks:

• Owner: who is listed as the rights holder, and do their details match the documents provided?
• Mark: does the registered mark match the signage and logo shown in the offer?
• Status: is protection in force, and is there any record of it being terminated or restricted?
• Term: when does the registration expire, and will it need renewing while you are operating?
• Goods and services: does the list cover the activities your future outlet will actually carry out?

Do not rely solely on the class number under the International Classification of Goods and Services. The specific list within the registration matters. For example, protection for a mark in relation to goods does not necessarily cover the services of an establishment that sells or uses those goods.

Keep a dated record of your checks. If the launch is delayed, repeat them before signing the final documents and ordering signage. An application for registration is not confirmation that protection has been granted.

3. Establish who has the right to license the brand to you

The next question is not just ‘Who owns the mark?’ but also ‘Why is this particular company entitled to enter into an agreement with me?’ A franchise network may involve an intellectual property owner, a management company, a regional partner and a separate sales agent.

If the franchise seller does not own the mark, request documents establishing the chain of authority. Where rights are granted through an intermediary, it is important to check whether the underlying agreement permits onward licensing, along with its territory, term and restrictions. A simple letter stating ‘We are the official representative’ is not enough to establish that authority.

Ask a lawyer to check:

• the owner of the mark against the party to your agreement;
• the legal basis on which the intermediary may grant rights;
• the permitted uses and the period for which rights may be granted;
• the authority of the person signing the documents.

The confidentiality of the underlying agreement can be protected through a non-disclosure agreement or by providing the necessary extracts to a lawyer. But if key aspects of the seller’s authority cannot be verified, do not treat the issue as resolved. A request to pay another company without a clear contractual basis is a particular warning sign.

4. Record the findings in the agreement

Prepare a schedule setting out the registration numbers, representations of the marks and permitted uses. Clarify your rights to use them on signage, packaging, your website, social media pages and advertising materials. The existence of a protected mark does not, by itself, define the full scope of your contractual rights.

Propose including a confirmation from the rights holder that it is entitled to grant the agreed scope of use, together with an obligation to notify you of claims, disputes and changes in protection status. Separately agree who will maintain the registration and who is responsible for renewing it on time.

Discuss the procedure for handling a third-party claim: where to send documents, who will arrange legal representation, and the conditions under which agreed costs will be reimbursed. If the network requires a change of branding because of problems with the rights, the agreement should allocate the costs of replacing signage, packaging and advertising in advance. These are proposed contractual safeguards, not payments automatically due to every franchisee.

Practical takeaway: before paying, obtain three confirmations — that the relevant mark has valid protection in Belarus, that the other party has authority to grant the rights, and that your right to use the mark is precisely defined. If any one is missing, postpone payment and orders for branded materials until the uncertainty is resolved.