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Trademark non-use cancellation

Use or let go: even when there are no strict use requirements for trademarks, a trademark that is not used can be cancelled by an interested party to clear the way for new applicants and avoid the fate of a dog in the manger.


Many jurisdictions do not require proof of trademark use either on the application stage, or after the trademark is registered. However, it is often stipulated that if a trademark has not been used for a set period (for example, three years) after registration, any interested party can cancel this trademark for non-use. 


The procedure of non-use cancellation is not always straightforward. For example, the Russian legislation requires sending a pre-trial offer to the trademark owner before one can file an actual non-use cancellation lawsuit. 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.

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