Trademark Use/Non-Use

According to Russian law, a trademark registration can be cancelled at a third party’s request in case the mark has not been used by the right holder themselves or any person under the right holder's control for any three consecutive years after the registration.

The mark must be used in essentially the same form as the mark shown in the registration, on or in connection with all the goods/services listed in the registration, by any of the following:

  • the trademark owner;
  • a licensee;
  • an entity acting under the owner’s control.

Failure to use a trademark during the prescribed period makes the registration vulnerable to cancellation by any person having legal interest.

A non-use cancellation action against a trademark is to be filed with the Intellectual Property Court.

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Trademark Use/Non-Use
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What are the usual reasons for a trademark registration refusal in Russia?

What are the usual reasons for a trademark registration refusal in Russia?


Apart from so-called relative grounds for refusal (likelihood of confusion with other rights protected in Russia), there are four basic (absolute) grounds for rejecting a trademark application, namely:

  • the claimed designation lacks distinctiveness;
  • it contains misleading, confusing or deceptive elements;
  • it contains elements that are contrary to public policy or to accepted principles of morality;
  • it consists of official arms, flags or other state emblems.

The most relevant and often used reasons for objecting to an application are that the trademark at issue lacks distinctiveness or is misleading.


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What compensation can a trademark owner claim from the infringer for the breach of intellectual property rights?

What compensation can a trademark owner claim from the infringer for the breach of intellectual property rights?


The trademark owner can choose to claim from the infringer damages or a compensation payment in an amount ranging from RUR 10,000 to 5,000,000 (the specific amount is to be determined by the court based on the infringement circumstances), or compensation in an amount equaling double the price of the goods illegally bearing the trademark, or compensation in an amount equaling double the cost of the right to use the trademark  to be determined based on the cost of rightful use of the trademark normally applicable in comparable circumstances.


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Can a light be registered as a trademark in Russia?

Can a light be registered as a trademark in Russia?

In the Russian Federation, a light designation can be registered as a trademark.

If a light is applied for registration as a trademark in Russia, it will be necessary to provide a description of the light symbols, their sequence, duration of lighting, and some other features.  

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Is it possible to fast-track trademark registration in Russia?

Is it possible to fast-track trademark registration in Russia?


In order to accelerate the registration of a trademark in Russia the applicant may use the RUPTO’s paid service for conducting informational search in all classes of Nice Classification. The search is conducted within 10 days from the date of filing the respective applicant’s petition. Using the search results when considering the application allows  shortening the term of sending the first examination communication to the applicant and accordingly shortening the registration decision time to 2 months. The official tariff for this service amounts to 94,400 RUB.


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If my Russian trademark is illegally used in a domain name, do I have recourse to UDRP procedures in order to transfer the disputed domain name without litigation?

If my Russian trademark is illegally used in a domain name, do I have recourse to UDRP procedures in order to transfer the disputed domain name without litigation?


If the domain name is registered in one of the following generic Top-Level Domains (gTLDs): .com, .info, .net, .org, .biz, .name, .pro, .aero, .asia, .cat, .coop, .jobs, .mobi, .museum, .tel, .travel or in a new gTLD, your dispute may be resolved out of court on the base of the Uniform Domain-Name Dispute Resolution Policy (UDRP).

However, UDRP or similar dispute resolution proceedings are not currently available for .ru domains. In such cases, there are no options apart from litigation in court if the administrator does not concede to the trademark holder’s demand.


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