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Trademark non-use cancellation

Use or let go: although there are no use requirements for trademarks in Russia, a trademark that is not used can be cancelled after three years from its registration date to clear the way for new applicants and avoid the fate of a dog in the manger.

Attorneys

Rospatent requires proof of trademark use neither on the application stage, nor after the trademark is registered. However, if a trademark has not been used for three years after registration, any interested party can cancel this trademark for non-use. 

 

Before one can file an actual non-use cancellation lawsuit, the claim procedure requires sending a pre-trial offer to the trademark owner. Such an offer gives the rightholder a chance to voluntarily renounce rights to a trademark, transfer it to the interested party or, as we usually offer as an alternative, to reach a co-existence agreement.

 

In case a pre-trial settlement is for some reason impossible, a request to cancel a non-used trademark is filed with the Russian Intellectual Property Court. PATENTICA acts on both sides of non-use cancellation proceedings through both mediation and litigation.

 

Before involvement into the procedure, PATENTICA offers investigation of use as a tool for assessing the perspectives of cancellation, evaluates ways of peaceful arrangements advantageous for the client and analyses documents required for successfully representing the plaintiff or defendant in cancelling or keeping the trademark alive.

Documents / Information we need

PCT application entering into National Phase:

  • PCT application number;
  • Names and addresses of applicant(s) and inventor(s) (unless the application is published);
  • Description, claims, abstract, and drawings (unless the application is published);
  • Power of Attorney executed by the applicant;
  • Amendments made after the international publication (if any);
  • Amendments to be made during the National Entry;

National applications:

  • Names and addresses of applicant(s) and inventor(s);
  • Certified copy of priority application(s) (when priority is claimed)
  • Power of Attorney executed by the applicant;
  • Description, claims, abstract, and drawings;

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