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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Russian Federation
A trademark registration remains in force for 10 years from the date of filing the trademark application. It may be renewed indefinitely every 10 years thereafter. No evidence of use is required for maintenance of a trademark registration.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Russian Federation
A request to renew the trademark registration and confirmation of payment of the respective renewal fee.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
8.3
What are the grounds for cancelling a trademark registration?
 
Russian Federation
Non-use within three years of registration and liquidation of the trademark owner.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Russian Federation
The Federal Service for Intellectual Property (Rospatent) may not cancel a registration on its own.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Russian Federation
Any interested party may request the cancellation of a mark for non-use. A non-use action can be brought before the IP Court if the mark has not been used in the three consecutive years preceding the established pre-trial procedure, as outlined below.

Prior to filing a claim for non-use, a party with a legitimate interest must send a letter to the trademark owner asking it either to surrender its trademark rights through Rospatent or to assign the mark at issue to the claimant. The trademark owner has two statutory months to perform either action. If it fails to do so, the claimant has 30 days (following the expiration of the two-month period) to file suit for non-use with the IP Court.

During the trial, the claimant must demonstrate a legitimate interest in the cancellation, while the trademark owner must show use of the mark by disclosing relevant documentary evidence. If the claimant succeeds, the trademark registration will be cancelled from the effective date of the decision of the IP Court.

In addition, a revocation action based on liquidation of a trademark owner can be filed with Rospatent by any party at any point while the trademark remains valid. The revocation action must contain evidence of liquidation of the trademark owner.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Russian Federation
A decision to revoke a trademark based on liquidation of the trademark owner can be appealed to the IP Court.

For more information about this answer please contact: Vladimir Trey from Gorodissky & Partners