Trade Mark Checks Before Launching a Franchise in Belarus

A successful outlet may have traded for years under a name familiar to its customers, but that does not necessarily mean its owner is ready to grant partners the right to use it. Before launching a franchise in Belarus, you need to check the legal protection of your brand identifiers and assess whether it fits your planned business model. For the franchising community, this is a matter of trust: a partner needs to understand exactly which brand they are getting and the legal basis on which they can use it.

1. Distinguish trade marks from other identifiers

Start by listing everything customers recognise as part of your brand: the name on the sign, the graphic logo, the wording on packaging and the name of a product range. Alongside each element, note where it is used now and where the partner will use it.

Do not group all these elements under the word ‘brand’ when conducting a legal review. A company's registered name, a trade mark and a domain name are distinct legal assets. Registering a company or owning a website address does not, in itself, establish an exclusive right to a trade mark.

Draw up a working table covering:

• the identifier and its exact image or spelling;
• the document on which the claimed protection is based;
• the rights holder;
• the territory in which protection applies;
• the goods and services for which the mark is protected;
• the registration's expiry date and the person responsible for monitoring it.

Flag separately any identifiers for which only an application has been filed. A filed application is not the same as a registered trade mark. Do not present it to a prospective franchisee as evidence that protection has already been granted.

This inventory often reveals a straightforward problem: an old logo is registered, while the company's own outlet and franchise presentation already use a new one. Before negotiations begin, establish which identifiers the partner will actually be authorised to use and whether their legal protection is sufficient.

2. Check protection against the business model planned for Belarus

Cross-check trade mark details against the official registers of Belarus's National Centre of Intellectual Property (NCIP). For an international registration, check separately whether protection extends to Belarus and what its current status is. Registration abroad does not, on its own, settle this question.

Do not check only whether the name matches. The rights holder, the validity of the registration and the specific list of goods and services all matter. The class number is a useful guide, but it is no substitute for reading the list: the coverage must match what the franchisee will do.

For example, if the existing business provides services but the franchise will also sell packaged goods under its own name or logo, protection for that activity needs a separate check. Do not assume that registration for one business activity automatically covers every expansion of the product range.

Compare three lists:

1. What your outlet actually sells and the services it provides.
2. What the future partner will be permitted to do.
3. Which goods and services the trade mark registration covers.

Refer all discrepancies to an intellectual property specialist. Their task is to assess whether additional applications are needed, the risk of conflict with third-party rights and whether an updated identifier can be used. An exact-match search is a useful first step, but it does not replace an assessment of similar marks.

Record the findings in writing: which identifiers are ready for use, which require action and which cannot yet be presented to a partner as protected.

3. Align trade mark rights with the franchise agreement

Belarus has no separate franchising law, but its Civil Code contains specific provisions in the chapter entitled ‘Comprehensive Business Licence (Franchising)’. Article 910 governs the granting of a package of licensed rights for a fee. Article 910¹ requires the agreement to be in writing and registered with the patent authority. Failure to meet the registration requirement renders the agreement invalid.

Registration is handled by the NCIP under the procedure established by Resolution No. 346 of the Council of Ministers of the Republic of Belarus, dated 21 March 2009. Registering a trade mark and registering a franchise agreement are separate procedures. Neither replaces the other. Protection of the mark itself is also governed by the Republic of Belarus Law ‘On Trade Marks and Service Marks’.

To prepare the agreement, gather enough information to identify each mark being licensed unambiguously: its registration details, rights holder, image or wording, and the relevant goods and services. Ensure that the agreed territory, term and permitted uses are consistent with the actual scope of your rights.

Take particular care if the mark belongs to a founder, another group company or a third party. Common ownership does not make companies' rights interchangeable. A lawyer should check the legal basis on which the franchisor can grant partners the right to use the mark, including any necessary permissions and formalities.

Do not limit the review to whether a registration certificate exists: establish the full legal basis on which the particular franchisor can grant those rights.

4. Prepare brand-use guidance and a protection calendar

After the legal review, put together a concise pack for the partner. It should include approved files for the brand identifiers, permitted design variations, placement rules and a process for approving non-standard uses. This does not replace the agreement; it helps prevent a mismatch between the rights granted and day-to-day operations.

Set out a clear reporting process for cases where a partner discovers a competitor using a similar name: whom to notify, what evidence to keep and who decides on the next steps. Do not ask franchisees to send legal demands independently on the rights holder's behalf without the appropriate authority.

Assign an employee to monitor protection deadlines, changes in rights ownership and whether the files in use match the registered identifiers. If a logo update is planned, first assess the legal implications, then the cost of replacing partners' signage and packaging.

Practical takeaway: before selling a franchise, prepare a record for each mark, evidence of protection in Belarus and a verified legal basis for granting rights. If any of these elements is unclear, resolve the uncertainty before the partner starts investing in fitting out and branding their outlet.