Thursday, April 25 2024   \  Published by Papula Nevinpat.

Increase in non-use cancellation actions targets foreign trademarks in Russia

Increase in non-use cancellation actions targets foreign trademarks in Russia

In the last few months, there has been a rise in non-use cancellation actions against trademarks owned by foreign entities in Russia, especially those that exited the Russian market. This trend has emerged due to changing geopolitical dynamics and increased competition in the marketplace. Local parties are now more likely to initiate actions challenging the validity of trademarks that their owners do not actively utilize.

The rise in non-use cancellation actions reflects the growing tension between foreign companies and local businesses in Russia. With numerous former partnerships dissolved local entities are seizing opportunities to assume control of businesses previously held by foreign counterparts.

Trademarks must be used in Russia

Under Russian law, trademarks must be actively utilized within three years from registration or within the three years preceding the filing of a cancellation action due to non-use to avoid loss of rights. Comprehensive evidence of the actual use in Russia must be presented. For companies that exited the Russian market in 2022, proving use to maintain the validity of their rights will present a significant challenge in the near future. Read more

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