How not to lose rights to a well-known brand?

Further to our discussion of the risks of losing rights to a well-known brand due to its non-use, let us consider available methods of protection.

The main one is to file a new application(s) for trademark registration. It should be taken into account that the current regulations and practice of the Belarusian Trademark Office do not allow existence of two identical marks for similar goods/services belonging to one or different holders (in the latter case, even with the consent of the original holder). Therefore, the application materials should be thoroughly prepared, especially in terms of the list of goods and services, in order to exclude duplication of items. It should be noted that the registrations of many well-known trademarks date back to the former USSR, and the lists of the International Classification of Goods and Services have changed many times since then, which gives some room for maneuver.

If filing a new application is impossible or ineffective for some reason, an alternative protection may be to challenge the registration that was obtained by a third party after the initial owner's registration was cancelled due to non-use. Possible grounds for challenging might be, for example, misleading consumers or recognizing actions related to the registration of a trademark as unfair competition.