It happens quite often that a trademark is threatened with cancellation, despite the fact that it meets the conditions of protection and is properly registered. Usually, this will happen in relation to a conflict situation when a case regarding an infringement of a trademark is pending in court and the defendant is trying to counter-attack.
Thus, this is a kind of retaliatory “defensive” measure when claims are made to stop the infringing use of a trademark.
Reasons for termination of the trademark right:
- Non-use of a trademark
- The trademark has come into general use and has become generic
- Liquidation of the rightsholder
Applications for early termination of a trademark are examined, depending on their type, by the Intellectual Property Rights Court or Rospatent.
You can read more about the reasons for the termination of a trademark registration here.
If you are faced this situation, or if you cannot stop infringing use of your trademark, our lawyers are ready to provide you with qualified assistance.
Trademark protection lasts 10 years. Then you can extend this period an unlimited number of times. The legislator indicates cases of early termination of trademark registration. These include the following: the holder of the certificate has discontinued use of a trademark and does not perform such actions for more than three years in a row; the owner of the trademark has not paid the fee for the further action of the protection certificate or has submitted an application for refusal of registration; also, if there was a liquidation of the right holder or a well-known status was assigned to the trademark. In addition, there are cases where another person has challenged the registration of the means of individualization and the requirements have been satisfied.