Franchising in Belarus: how to check trade mark rights

When buying a franchise, an entrepreneur expects to be able to use a recognisable name. Yet a popular network and an attractive logo are not, in themselves, proof that you have the right to display that logo on a sign in Belarus. Before joining a franchise network, check not only the brand’s appeal but also the legal basis for using it. Do this before ordering signage, packaging or advertising materials.

1. Break the brand down into specific assets

In a presentation, the word ‘brand’ may refer to the network’s name, logo, premises design, domain name and the company’s business name. Legally, these are separate assets. A document covering one does not automatically establish rights to the others.

Ask the franchisor to draw up a list of the names, logos and other marks your outlet will use. For each, specify the intended use: signage, menus, packaging, staff uniforms, advertising or web pages. Then request details of the legal basis for that use.

The minimum information needed to check a trade mark:

• the image or wording as registered;
• the national or international registration number;
• details of the owner;
• the list of goods and services covered by the protection;
• details of the duration and current status of protection in Belarus.

Also clarify which versions of the logo the network currently uses. If the documents show an old version but your signage will feature a new one, ask for an explanation of the legal basis for using the updated mark. Visual similarity alone is no substitute for a legal assessment.

2. Check protection specifically in Belarus

Registration of a mark in another country does not automatically protect it in Belarus. You need to check either a national registration or an international registration whose protection extends to Belarus. For an international registration, it is important to establish not simply whether Belarus is listed, but the actual status of protection there.

Cross-check the seller’s documents against the registers maintained by the National Centre of Intellectual Property (NCIP) in Belarus. For an international mark, also consult the records of the World Intellectual Property Organization (WIPO). If the status is unclear, ask a patent attorney or intellectual property lawyer to carry out the checks.

Pay attention to three points:

1. Owner. Is the owner the same person or entity granting the rights? If not, check the documents establishing that party’s authority to do so.
2. Term. Is protection currently in force, and when will renewal be required? An approaching expiry date does not necessarily make the purchase unwise, but it does call for a clear plan of action.
3. Goods and services. Does the protection cover your activities? Do not rely solely on the class number: read the specific list.

For example, a mark registered for certain food products should not automatically be treated as sufficient evidence of protection for café services. What matters is the scope of the registration and how you intend to use the mark.

Keep a dated record of your checks. Information may change between your first review of the offer and signing the agreement, so update your checks before making a final decision.

3. Match the mark to the package of licensed rights

In Belarus, franchising is specifically governed by Chapter 53 of the Civil Code, ‘Comprehensive Business Licence (Franchising)’. There is no separate franchising act, but that does not mean there are no specific rules. Article 910 governs the grant of a package of licensed rights in return for payment, while Article 910-1 requires the agreement to be in writing and registered with the patent authority.

The Law of the Republic of Belarus ‘On Trade Marks and Service Marks’ also applies to trade marks. Reviewing the franchise agreement and checking the mark’s protection are therefore related but distinct tasks. Registration of the agreement does not replace an assessment of which marks you will be entitled to use and for which activities.

Ask for precise details of the trade marks being licensed to be included in the agreement or a schedule. Wording such as ‘the user is granted the right to operate under the network’s brand’ is not specific enough for practical checks.

Compare three lists: the names and marks shown in the presentation, the assets covered by the supporting documents, and the rights set out in the draft agreement. Any discrepancy needs an explanation. Bear in mind that the trade mark is not the whole package of licensed rights: the business name and undisclosed information have legal significance in their own right.

4. Clarify the permitted uses

Even valid trade mark protection does not answer every question a prospective franchisee may have. You need to establish exactly what your agreement permits.

Check whether the rights granted cover the outlet’s actual operations, including displaying the mark on the building’s exterior, goods, packaging, advertising materials and documents. If you will manufacture products yourself under the network’s mark, flag this as a separate issue for legal review.

Clarify how artwork will be supplied and how permitted design variations will be approved. Having a design approved by a network manager should not leave any doubt about whether use of the mark itself is authorised.

Do not order a large batch of branded materials until the rights, agreement and approved artwork have been checked against one another. Obtaining preliminary cost estimates is fine, but it is best to defer spending that cannot be recovered until the checks are complete.

5. Allocate the risk of problems with rights

Before buying, discuss what will happen if a third party challenges your use of the mark or its protection ends. Ask the franchisor to disclose any known disputes or restrictions that could affect your outlet.

Propose contractual obligations requiring the franchisor to maintain the necessary rights, notify you of changes in their status and provide documents to support the agreed use if it is challenged. Separately agree who will arrange the legal defence and pay to replace signage, packaging and advertising materials if a problem arises through no fault of your own. These are matters for negotiation, not an automatic guarantee that every cost will be reimbursed.

Practical takeaway: before investing in signage and fit-out, put together a single file containing the list of names and marks, up-to-date information on their protection in Belarus, and the contractual description of your rights. If these documents contradict one another, resolve the discrepancies before paying for the launch.