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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