Termination of a Trademark Right
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.
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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.
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