Today, a huge number of organizations around the world working to develop unique symbols, which reflect the values ​​and mission of the company, encourage customers to buy their product or order the work of these organizations or service.

Often, a brand is not just associated with the buyer any item, but over time it becomes a symbol of the highest quality and consistently high standards of service (eg, Mercedes, Apple, Dolce&Gabbana, Chanel).

As a result, we have more and more covers pervasive love of brands. Many of us try at every opportunity to show off the car owning famous brand, stylish watches, costume from the eminent designer.

We often hear and use in speaking such words as brand, mark, The label. All the words in legal parlance is called a trademark. So what is a trademark? This designation, contributing to distinguish the goods, works and services of one person from the goods of others.

In verbal symbols can be registered as trademarks, including proper nouns, color combinations, alphabetic, digital, graphic, three-dimensional signs, including the shape of goods or their packaging, as well as combinations of such signs. Other designations may be registered as trademarks in cases, provided for by legislative acts of the Republic of Belarus. Trademark can be registered in any color or color combination.

It is impossible to underestimate today the need to protect trademark rights, as willing to illegally use someone else's reputation, another's position in the market, quite a bit of.

Registration of a trademark takes, usually, more 2 years and it consists of several stages.

Preparatory stage, includes:

– Determination of compliance with the legal requirements of the sign.

– Determination of classes according to the Nice Classification. It carried out on the basis of Send a description of activities, which plans to develop the organization.

– A preliminary check on the possibility of obtaining protection. The test consists of an initial free search for already issued certificates.

– Filing an application to the National Center of Intellectual Property.

registration stage held in the National Center of Intellectual Property:

– Preliminary examination, It begins immediately after application. The duration of the examination is 2 months from the date of receipt of the duly executed application. This period may be increased by a further 6 months, if needed in the application changes or additions, or at the request of the applicant.

– Examination of the claimed designation begins after successful completion of the preliminary examination, what writing notify the applicant or his representative. Examination of the claimed designation lasts for 2 years from the date of the decision to accept the application for consideration. According to the results of examination of the mark, a positive decision on the issue of the certificate, or refusal shall be made.

In the case of a positive decision on the results of the examination of the mark and payment of the fee, there is a trade mark registration. Enjoy legal benefits possible within 10 years from the time of application, as evidenced issued Certificate. After this period, there is always the opportunity to extend the validity of the certificate the following 10 years, unlimited number of times.

For trademark registration of the documents you will need the following:

1. Picture notation.

2. Free description of the activities, in which the use of the claimed designation is planned.

3. Receipt of payment of patent fees.

If you decide to register a trademark with a view to achieving recognition of your products, works, services and protection, the conquest of high image of your company and consumer confidence, I'll be glad to help you in this matter!

In recent years become popular among businessmen to expand their product markets, Works and Services. In this connection, open a new company abroad, or buy shares (shares) in the statutory funds of foreign companies. Therefore, these businessmen are often faced with the need to obtain the National Bank of the Republic of Belarus permits to conduct foreign exchange operations, related to the movement of capital.

National Bank of Belarus issues permits for the following foreign exchange transactions, related to the movement of capital:

– acquisition of shares at their distribution among the founders, share in the share capital or share in the property of non-residents, as well as the additional contribution to the statutory fund of a non-resident in case of increase;

– the acquisition by non-resident securities, emitirovannıh (issued) residents, except for the purchase of shares at their distribution among the founders;

– the taking of property ownership, located outside the Republic of Belarus and classified according to the legislation of the Republic of Belarus to the real estate, including on the basis of contracts, providing for the creation of shared construction, with the exception of movable property, equated to real estate in accordance with the laws;

– allocation of funds in non-resident banks or transfer of funds to non-residents (except for non-resident banks) on trust;

– loans;

– settlement of liabilities, arising from the subject of currency transactions – resident (except for the bank), He is the guarantor, guarantee, the non-resident on the basis of the concluded contract between the surety, guarantees;

– access to credit and (or) loans.

The issuance of the permit must apply to the National Bank. The term of consideration of documents 15 calendar days from the date of registration of the applicant's written request to the National Bank. In case of further information, the period of authorization does not increase by more than 10 calendar days from the date of receipt of the National Bank all requested additional information and documents.

Permits are issued to the applicant from the settlement of monetary transactions or to implement an operation, to hold that and to ask permission.

Resolution to open an account is issued for a period not exceeding 1 of the year. The term permits the action to carry out other foreign exchange transactions, related to the movement of capital, not installed.

Permission of the National Bank to conduct foreign exchange operations, related to the movement of capital, issued without court fees or other charges.

I draw your attention to the fact, that the exercise of an individual entrepreneur, legal entity or individual currency transaction, related to the movement of capital, without the permission of the National Bank of Belarus, punishable by a fine in the amount from fifty to one hundred base units, but on an individual entrepreneur or legal entity – from one hundred to two hundred basic units according h. 2 Article. 11.2 Of the Code of Administrative Offenses.

When ordering this service you get:

– consultation on the permission of the National Bank of the Republic of Belarus to conduct foreign exchange operations, related to the movement of capital;

– preparation of the necessary documents.

In the process of the organization have questions about the application of any rule of law in a particular situation. Answers to these questions, usually, authorized to give public authorities.

The order of consideration of citizens and legal entities governed by the Law of the Republic "On citizens and legal entities» № 300-Z on 18.07.2011.

Written applications should be addressed no later than 15 days. A treatment, requiring further investigation and verification, – not later 1 of the month, unless otherwise established by the legislative acts (P. 3 Article 17 of the Law "On citizens and legal entities").

Additional study and treatment verification imply reclaim the necessary documents, obtaining, if necessary, an explanation from appearing in the circulation of persons, etc.. These actions are performed under the authority of, provided by the legislation of the organizations, that is defined by their competence. At the same time carrying out further research and testing it is advisable to confirm any written evidence (eg, requests for documents), because their absence may impute violation 15-day period of examination of the treatment in the objective aspect of the considered administrative offense.

In the case of solutions outlined in the appeals issues necessary perform certain actions (execution of works, service), receiving information from a foreign country in terms, exceeding one month, applicants within five days from the date of extension of the term of consideration of applications shall be notified of the reasons for exceeding the monthly period and the timing of such acts (performance of works, services) or timing processing applications substantially.

In this regard, the validity of the excess month period considering the application should confirm certain actions. So, month term may be extended, if necessary, conduct an audit under the Decree of the President of the Republic of Belarus 16.10.2009 № 510 "On the improvement of the control (oversight) Activities in the Republic of Belarus ". The time for the commission of these actions by the legislation is not limited, their list is not defined in detail. However, the fact of extension must be confirmed by a local document (eg, official note the need to extend the term of a resolution in the form of a resolution on her head).

When ordering this service, you must request to be prepared, as well as the controlled timing of the response to it.

In current market conditions it is difficult to find a company, not having a commercial secret. Trade secret may be in protected areas, and in automated systems when processing, storage and transmission of information.

In connection with the improvement of methods of raider attacks on businesses with employees, there was a need to restrict access to trade information much of its own staff, strengthening of control over the movement of information within the organization.

Head of the organization, in order to avoid potential threats for your business, shall take all feasible measures to ensure protection of commercial secrets of the organization. These measures include the development of a list of information, a member of the trade secrets, familiarizing people in the organization to the approved list, the appointment of persons responsible for information security.

What is a trade secret? This information of any kind (technical, manufacturing, Organizing, commercial, financial and other). It is also the production secrets (know-how), complying with the requirements of the Law "On Commercial Secrets» № 16-H from 05.01.2013, in respect of which trade secret. Information of commercial value in the case of, if their possession allows a person with actual or potential circumstances, to increase revenues, cut costs, maintain its position in the market of goods, works or services or to obtain a different commercial benefits.

trade secret may be established in respect of the information, that simultaneously meet the following requirements:

1) It is not generally known or readily available to third parties in those circles, that normally deal with this kind of information;

2) have commercial value for its owner due to unknown third parties;

3) They are not subject to exclusive rights to results of intellectual activity;

4) not classified in the prescribed manner to the state secrets.

Depending on the scope and characteristics of the business structure of the information, which can be attributed to a trade secret, for different entities may differ substantially. Exhaustive list of data, which can be attributed to a trade secret, does not exist. This is due to the variety of economic relationships, differing conditions of business and the characteristics of the internal organization of business entities.

Establishing a commercial secret regime will allow the organization for violation of the regime:

– fire an employee under the relevant article of the Labor Code or bring him to justice;

– to recover damages from the employee and contractor.

To ensure the protection of commercial secrets of your organization, I offer services to develop the necessary documents, in particular:

– The list of information, a trade secret organization;

– Regulations on commercial secrets;

– A confidentiality agreement with a business partner of a civil contract;

– An agreement on non-disclosure of trade secrets

– et al.

Every organization - one less, in another more - have their own local regulations. This is a different situation, instructions, rules and T. P. In this case, there is generally established local acts, mandatory for all institutions, without exception,. for example, internal regulations, Regulations on Labor Protection, and others.). And there is adopted at the discretion of the employer (eg, collective agreement). Anyway, any local act is required for employees, and for the employer - if not contrary to the law.

Local normative legal act – normative legal act, the effect of which is limited to the scope of one or more organizations.

For local regulatory acts include the following documents:

– internal regulations;

– officials of staff instructions;

– position on the labor and safety;

– position on wages;

– collective agreement;

– et al.

on, how fully and properly drawn up documents, complied with all registration procedures, It depends on the decision of many contentious issues. Development of local regulatory documents – it is not only the duty of the employer, but also its "insurance" from conflict with dishonest employees.

If you order the development, revision or check any local regulatory legal acts, You qualified help is. All acts will comply with the legislation of the Republic of Belarus and your interests.

To order the service please contact us by email: juristconsult18@yandex.ru, or, call: +375 29 257 74 77 or +375 44 755 33 32.