Early trademark termination in Russia: procedure and features

Every trademark right-holder must understand that in addition to the privileges and opportunities that exclusive rights to his sign provide, there are also certain obligations for its use, in case of non-fulfillment of which, it is possible to lose the rights to it. According to the Russian legislation it’s possible to terminate legal protection for an unused trademark. This procedure is regulated by Art. 1486 of the Civil Code of the Russian Federation. Thus, if the mark is not used continuously for three years from the moment of its registration, any person of interest may file a claim and initiate a cancellation action of trademark registration based of its non-use.

Trademark registration process. Six easy steps to success!

There are a number of international companies which are trying or planning to register their trademarks in the Russian Federation. Unfortunately, the language is not the only barrier between them and the successful trademark registration as there are a number of distinctive features that differentiate the Russian legal procedure. Our team of professionals has prepared a simple infographic for you to understand all the stages of trademark registration in Russia.

The world-famous cocktails can not be registered as TM

One of the main goals that must be executed by each TM is to cause the goods or services of one manufacturer to stand out from the goods or services of others. According to the requirements of the legislation, that TM, which does not possess the distinctive capability, just simply can not pass the registration procedure. So, well-known names, abbreviations, images, etc. can not become a trade mark. Though, sometimes some signs may seem as original and exotic ones, e.g. a name of an alcoholic cocktail, first of all, TM's functions have to be considered.

TM vs Well-known name: the first rule to remember

Famed names, pseudonym, portraits, images, etc. are often the targets for strong headed applicants who want to use them in the capacity of their own TM. Such right holder is expected to acquire a number of successive achievements: his TM is a known sign, so he is recognizable within the market, so most probably he might receive greater economic benefit. However, not everything in the garden is rosy.