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INTA Trademark Cancellations International Practice and Procedures / Chapter Russia

23 July 2020

This material is only intended to provide an introduction to and simplified profile of this jurisdiction's local practice and procedure relevant to trademark cancellation. This material does not take the place of professional advice given with full knowledge of the specific circumstances of each case and proficiency in the laws of this jurisdiction such as might be provided by a local trademark attorney.

For more information about particular areas of practice, please see INTA's companion online publications: International Opposition Guide.

I. Availability

Cancellation of a trademark is available for:

  • national marks;
  • international marks.

This jurisdiction is not a member of the European Union; we have no European Union Trade Marks.

"Cancellation" is defined by legislation as follows: The Russian law does not use the term "cancellation." According to the Civil Code, a trademark can be recognized as invalid (Article 1512), which means that the trademark is recognized invalid retroactively from the date of registration. Or, the validity of a trademark may be discontinued (Article 1514) from the date on which the competent authority took a decision, in which case the term "revocation" will be used.

Cancellation actions can be filed online at the following URL: https://my.arbitr.ru/. Only non-use cancellation actions can be filed online; cancellation actions based on other grounds cannot.

II. Grounds

A. Absolute Grounds

The following absolute grounds may be raised in cancellation proceedings:

  • the mark is descriptive;
  • the mark is misleading and/or deceptive;
  • the mark lacks distinctiveness;
  • the mark is generic;
  • the mark consists of a geographical indication;
  • the mark is functional (This ground is applied to three-dimensional marks representing the shape of an object.);
  • the mark is against public policy or principles of morality;
  • the mark has not been authorized by competent authorities pursuant to Article 6ter of the Paris Convention;
  • the application for or registration of the mark was made in bad faith;
  • other absolute grounds, i.e., grounds that relate to the inherent registrability of a mark:
    • the mark is identical or confusingly similar to the official name or depiction of the most valuable objects of cultural heritage of the peoples of Russia or is identical or confusingly similar to the objects of worldwide heritage or to the depictions of cultural valuables stored in collections;
    • registration of the mark was recognized as an abuse of right.

B. Relative Grounds

The following relative grounds may be raised in cancellation proceedings:

  • there is an earlier application or registered mark;
  • there are earlier use-based rights in an unregistered mark (Prior use rights are not formally recognized under the Russian trademark system; however, if there were significant sales on the Russian market under a similar mark owned by a third party in relation to similar goods and those sales were for a long time and predated the priority date of a contested mark, this may serve as a ground for invalidation of the contested confusingly similar mark for similar goods, on the basis of the contested mark's being misleading with regard to the genuine manufacturer. In such a case, the owner of the prior-used mark must demonstrate extensive and long-term use of his mark on the Russian market before the priority date of the contested mark and prove that such use resulted in the conflicting mark's being associated with a particular trader in the consumer’s mind.);
  • the application for or registration of the mark was made in bad faith;
  • the mark is covered by a copyright;
  • the mark is a company name;
  • the mark is notorious or well known (Article 6bis of the Paris Convention);
  • the trademark application was filed or the registration was granted in the name of an agent or other person with a business connection to the owner of the mark (Article 6septies of the Paris Convention); the mark is a trade or business name;
  • other relative grounds, i.e., grounds that are based on another party’s proprietary rights:
    • the mark is identical to a name, portrait or signature of a person being famous in Russia without his consent or the consent of his heirs;
    • the mark is confusingly similar to a third party's appellation of origin, selection achievement, industrial design, or commercial designation enjoying protection in Russia.

C. Grounds Other Than Absolute, Relative or Non-Use

In addition to the absolute or relative grounds listed above and/or the non-use grounds listed below, the following grounds may also be raised in cancellation proceedings:

  • liquidation of a trademark owner (Any interested person is entitled to bring a cancellation action on the basis of liquidation of the trademark owner and then must provide evidence of this (e.g., an extract from the Trade Register attesting to the liquidation). The cancellation action is to be considered by the Russian PTO (the Federal Service for Intellectual Property (ROSPATENT).);
  • the mark is registered in the name of a person not being a legal entity or an individual engaged in business;
  • the trademark owner's actions related to registration of the trademark are recognized to be an abuse of right or unfair competition.

D. Non-Use Grounds

Non-use may be raised as a ground in cancellation proceedings.

In relation to cancellation for non-use, "use" is defined as: the use of the trademark by the right owner or other person to whom this right has been granted on the basis of a license contract, or by another person conducting the use of the trademark under the supervision of the right owner on the condition that the use of the trademark is conducted on goods, including on labels and packaging of goods, that are produced, proposed for sale, sold, displayed at exhibits and fairs, or otherwise introduced into civil commerce on the territory of the Russian Federation or are kept or transported for this purpose, or are imported on the territory of the Russian Federation; in the performance of work or the rendering of services; in documentation connected with the introduction of goods into civil commerce; in proposals for the sale of goods, for the performance of work and for the rendering of services, and also in announcements, on signs, and in advertising; on the Internet, including in a domain name and for other means of addressing, with the exception of cases where the respective actions are not directly connected with the introduction of the goods into civil commerce, and also the use of a trademark with the alteration of individual elements not influencing its distinguishing capability.

The definition of "use" provided above is derived from statute, regulation or administrative rule:

Civil Code:

Article 1486. Consequences of Non-use of the Trademark

For the purposes of the present Article the use of a trademark is its use by the right-owner or other person to whom this right has been granted on the basis of a license contract in accordance with Article 1489 of the present Code, or by another person conducting the use of the trademark under the supervision of the right-owner on the condition that the use of the trademark is conducted in accordance with Paragraph 2 of Article 1484 of the present Code, with the exception of cases when the respective actions are not directly connected with the introduction of the goods into civil commerce and also the use of a trademark with the alteration of individual elements not influencing its capability of distinguishing and not limited to the protection granted to the trademark.

Article 1484. Exclusive Right to Trademark

2. The exclusive right to a trademark may be realized for the individualization of the goods, work, or services with respect to which the trademark is registered, in particular by the placement of the trademark:

  1. on goods including on labels and packaging of goods, that are produced, proposed for sale, sold, displayed at exhibits and fairs, or otherwise introduced into civil commerce on the territory of the Russian Federation or are kept or transported for this purpose, or are imported on the territory of the Russian Federation;
  2. in performance of work or rendering of services;
  3. in documentation connected with the introduction of goods into civil commerce;
  4. in proposals for the sale of goods, for performance of work, and for rendering of services, and also in announcements, on signs, and in advertising;
  5. on the Internet, including in a domain name and for other means of addressing.

Use by a licensee or with the consent of the proprietor constitutes use by the proprietor.

The time frame within which a mark must be used in order to avoid cancellation runs from: the date of registration.

Counting from the above date, to avoid cancellation for non-use, the mark must be used within: any three consecutive years.

The consequences of use's being interrupted are: If the use of a mark has been interrupted for three consecutive years, any third person in interest may file a cancellation action on the basis of non-use.

E. Multiple Grounds

An application for cancellation may be based on multiple grounds (i.e., on a combination of absolute and/or relative grounds). Non-use-based cancellations take place separately.

The advantages of filing an action based on multiple grounds are as follows: One official fee and one application cover all absolute and/or relative grounds.

If an action is based on multiple grounds and the action could be disposed of on one ground, the other grounds will nevertheless be considered. The scope of considering the other grounds is not limited but may indeed be considered as relevant or irrelevant.

F. International Registrations and European Union Trade Marks

Grounds for cancellation are the same in respect of international marks as they are for national marks.

G. Introduced Later in Proceedings

Additional grounds for cancellation may not be introduced at a later stage in the proceedings.

III. Forum

The forum for cancellation proceedings varies, depending on the grounds on which the proceedings are brought.

Cancellation proceedings based on absolute grounds may be brought before the following administrative body: the Russian PTO.

Cancellation proceedings based on relative grounds may be brought before the following administrative body: the Russian PTO.

Cancellation proceedings based on non-use grounds may be brought before the following court or other judicial tribunal: the specialized IP Court.

Cancellation proceedings based on grounds other than absolute, relative or non-use grounds may be brought before the following administrative body: the the Russian PTO; the Federal Antimonopoly Service.

The administrative body/bodies listed above is/are not independent of the trademark registry.

IV. Standing

A. On Basis of Grounds

The following parties have legal standing to apply for cancellation, regardless of the grounds for cancellation: any interested person. Legal interest is required. Cancellation actions based on illegal obtaining of a trademark registration in the name of an agent of a true owner can be filed by an interested person being the right holder in one of the Member States of the Paris Convention.

B. "Person"/"Interested Person" Defined

For purposes of standing, a “person” is defined as:
both natural and juridical persons.

For purposes of standing, an “interested person” is defined as:
There is no specific legal definition of "interested person" in the Russian civil legislation pertaining to intellectual property. However, it is generally believed that an interested person is a person whose rights and lawful interests are somehow violated or affected by the existence of the contested registration, in particular a person being the owner of a prior right in similar trademarks, company names, copyrighted objects, or industrial designs enjoying protection in Russia, as well as a person that has a real intention to use a conflicting designation in Russia (e.g., a manufacturer of similar goods bearing a conflicting mark that has made necessary preparations to start using its mark in Russia, for instance by filing an application to register a conflicting mark).

C. Domestic/Foreign Applicant

The legal standing criteria for domestic and foreign applicants are the same, regardless of the grounds for cancellation.

D. Multiple Applicants

More than one applicant may apply jointly for cancellation, regardless of the grounds for cancellation.

E. Infringement Defendant as Applicant

In a court action for trademark infringement, cancellation of the plaintiff's trademark registration may not be sought by a defendant. Trademark infringement cases and cancellation actions are two different actions, which are considered separately and individually.

V. Representation

A. Qualifications

The applicant is required to appoint a representative (attorney, agent or other legal representative) in cancellation proceedings in the following circumstances: if the applicant is a foreign entity or person.

The representative must be domestic, i.e., with an office in the jurisdiction.

Additional professional qualifications required of a representative in cancellation proceedings are as follows: For cancellation proceedings in court, any authorized person may represent the interests on the basis of the power of attorney. For cancellation proceedings in the Russian PTO, the representative of citizens permanently residing beyond the boundaries of the territory of the Russian Federation and of foreign legal entities must be qualified to be a Russian trademark attorney.

B. Power of Attorney-- Notarization/Legalization Requirements

A signed power of attorney must be provided to a representative by an applicant in cancellation proceedings. If the cancellation proceedings concern non-use, the power of attorney shall be legalized, because proceedings take place in the specialized IP Court.

To validate the power of attorney, the following notarization/legalization requirements must be met in cancellation proceedings: To validate the power of attorney, which is required for cancellation proceedings in court, it has to be notarized and apostilled. In all other cases there are no notarization/legalization requirements for a power of attorney form in cancellation proceedings as prescribed by the law.

VI. Commencement

A. Timing

Cancellation proceedings that are independent of opposition proceedings may never be commenced before a mark is registered; however, any person may submit his/her observations on non-registrability of the claimed designation. These observations shall be taken into consideration during examination of the trademark application.

B. Deadline

The deadline for bringing cancellation proceedings varies, depending on the grounds for cancellation.

For proceedings based on absolute grounds, the deadline is: None.

For proceedings based on relative grounds, the deadline is: five years from the publication date.

For proceedings based on non-use grounds, the deadline is: A non-use action may be initiated after the expiration of three years during which the trademark has not been used.

For proceedings based on grounds other than absolute, relative or non-use grounds, the deadline is: None.

C. Statute of Limitations

There is no statute of limitations or acquiescence provision that would prevent cancellation, regardless of the grounds for cancellation.

VII. Partial Cancellation

Partial cancellation of a registration is possible only if the cancellation is based on the following grounds:

  • absolute grounds;
  • relative grounds (except for confusing similarity to third parties' well-known marks or the illegal obtaining of a trademark registration in the name of an agent of the trademark owner);
  • non-use grounds.

For single-class registrations and for multiclass registrations, it is possible to apply for cancellation of some of the goods either within the single class or within a given class, as appropriate, without applying for cancellation of all of the goods within the class.

VIII. Length of Proceedings

The average duration of cancellation proceedings is: ordinarily, from four months to one year.

After final arguments have been made and/or oral hearings have taken place, a decision will be rendered within the following time frame: two months, except for court proceedings related to non-use cancellation actions, where the decision is normally rendered within a week.

IX. Costs and Fees to Initiate

The following costs and fees are associated with initiating cancellation proceedings:

  • attorney fees;
  • statutory or regulatory fees;
  • administrative costs relating to power of attorney;
  • administrative costs relating to legalization and/or notarization.

No official fees are refundable if an application for cancellation is withdrawn, regardless of the grounds for cancellation.

If an application for cancellation is based on multiple grounds, no additional official fees are due.

X. Documentation-- Notarization / Legalization Requirements

The following documents must be notarized in cancellation proceedings: in cancellation proceedings in the Russian PTO: statements, declarations and the like; in non-use cancellation proceedings in court: power of attorney; extract from a trade register; printouts from the Internet; statements, declarations and the like; translations.

The following documents must be legalized in cancellation proceedings: in cancellation proceedings in the Russian PTO: statements, declarations and the like; in non-use cancellation proceedings in court: power of attorney; extract from a trade register; printouts from the Internet; statements, declarations and the like; translations.

The documentation that must be submitted and the procedures necessary to initiate cancellation proceedings vary, depending on the grounds for cancellation.

The documentation and procedures to initiate cancellation proceedings based on absolute grounds are as follows: request of the applicant; evidence of legal interest; respective arguments and evidence.

The documentation and procedures to initiate cancellation proceedings based on relative grounds are as follows: request of the applicant; evidence of legal interest; respective arguments and evidence.

The documentation and procedures to initiate cancellation proceedings on non-use grounds are as follows: request of the applicant; evidence of legal interest.

The documentation and procedures to initiate cancellation proceedings based on grounds other than absolute, relative or non-use grounds are as follows: request of the applicant; evidence of legal interest; respective arguments and evidence.

XI. Discovery

A. Interrogatories

No party may request that any other party answer written questions, under oath ("Interrogatories").

B. Document Requests

No party may request that any other party produce documents in response to written document requests ("Document Requests").

C. Depositions

No party may request that one or more witnesses for any other party appear in person to be cross-examined under oath ("Depositions"). The law in Russia does not envisage this kind of procedure during cancellation proceedings.

XII. Burden of Proof

The burden of proof can shift to the other party during the course of cancellation proceedings under the following circumstances: None. The burden of proof cannot shift to the other party during the course of cancellation proceedings.

XIII. Written Arguments

A. Requirement/Deadline

Written arguments are mandatory for the applicant and optional for the respondent.

The deadline for submitting written arguments is determined by scheduling order or ruling of the court, other judicial tribunal or administrative body.

B. Extensions to File

Extensions of time are available to the applicant to file written arguments.

The duration of the extension is:

  • the IP Court: at its discretion, but normally one month.
  • the Russian PTO: three months.
  • the Federal Antimonopoly Service: up to two months.

The following number of extensions is available: at the discretion of each body.

Extensions of time are available to the respondent to file written arguments.

The duration of the extension is:

  • the IP Court: at its discretion, but normally one month.
  • the Russian PTO: three months.
  • the Federal Antimonopoly Service: up to two months.

The following number of extensions is available: at the discretion of each body.

Extensions do not require the consent of the adverse party.

Extensions require the approval of the court, other judicial tribunal or administrative body.

No official fees are required to obtain extensions.

XIV. Oral Hearings

Oral hearings are permitted in cancellation proceedings.

The determination of whether oral hearings will take place is made by: the Russian PTO or the IP Court, depending on where the case is heard.

XV. Evidence

A. To Establish Absolute Grounds

The following types of evidence may be submitted to establish absolute grounds: documents and written/material evidence.

Evidence must be submitted to: the Russian PTO or the IP Court, depending on where the case is heard.

Evidence must be submitted by the following deadline: along with the cancellation action or at the hearings, provided such evidence does not change the motives originally claimed.

B. To Establish Relative Grounds

The following types of evidence may be submitted to establish relative grounds: documents and written/material evidence.

Evidence must be submitted to: the Russian PTO.

Evidence must be submitted by the following deadline: along with the cancellation action or at the hearings, provided such evidence does not change the motives originally claimed.

C. To Establish Non-Use Grounds

The following types of evidence may be submitted to establish non-use grounds: evidence of legal interest.

Evidence must be submitted to: the IP Court.

Evidence must be submitted by the following deadline: Evidence of use must be submitted by the trademark owner at the court hearing.

D. To Establish Other Grounds

The following types of evidence may be submitted to establish grounds other than absolute, relative or non-use grounds: documents and written/material evidence.

Evidence must be submitted to: the Russian PTO or the Federal Antimonopoly Service (FAS), in cases of "unfair competition" actions; the court, in cases of "abuse of right" actions.

Evidence must be submitted by the following deadline: along with the application (action) filed.

E. Applicant's Proof of Use

The applicant is not required to submit proof of use of the mark on which the cancellation is based. It is the owner of the trademark who is required to submit evidence of use.

F. Applicant's Extensions of Time

Extensions of time for the applicant's submission of evidence are not possible.

G. Additional Evidence

Additional evidence may be submitted at a later stage in the cancellation proceedings. The deadline for submitting additional evidence is: before or during consideration of the cancellation action.

H. Evidence in Reply/Deadline and Extensions

Evidence in reply is optional.

Evidence in reply must be submitted by the following deadline: before the hearing is started.

The following extensions of time for the respondent's submissions are available: Postponement of the hearing is at the discretion of the Russian PTO or the IP Court.

No official fees are payable to obtain extensions.

Petitioner cannot demand that respondent provide additional particulars relating to the respondent's proffered evidence.

I. Proof of Respondent's Use

The respondent may submit the following kind of evidence to prove use:

  • invoices;
  • catalogues;
  • evidence of turnover;
  • packaging;
  • labels;
  • price lists;
  • advertisements;
  • written statements;
  • market surveys;
  • use of the mark on the Internet;
  • sales and distribution contracts and evidence of their performance; shipment documents, including Russian customs declarations; etc.

The Russian law does not specify the amount and nature of evidence that is necessary and sufficient to prove use of the mark. However, experience suggests that it is advisable to demonstrate use of the mark in documentation related to sale, distribution and shipment of a product bearing a contested mark on the Russian market, in promotion and advertisement materials as well as on the Internet, provided such use is directly linked to the putting into circulation on the Russian market of the product bearing the contested mark. Factual sales of the product bearing the contested mark on the Russian market are required.

In assessing whether "use has been made," sufficient use is demonstrated by: the right holder.

The following factors are considered when determining whether a mark has been sufficiently used:

  • the nature of the goods or services at issue;
  • the scale and frequency of use of the mark.

Respondent cannot demand that petitioner provide additional particulars relating to the petitioner's proffered evidence.

J. Consequences of Failure to Respond

The consequences if a respondent fails to file a response or answer to a petition for cancellation are as follows:

The court, other judicial tribunal or administrative body must consider and decide the matter on the merits despite such failure.

XVI. Defenses

A. Acquired Distinctiveness

Acquired distinctiveness can be a valid defense in cancellation proceedings based on absolute grounds. The following criteria are used to establish acquired distinctiveness: the duration of use; the intensity of use; secondary meaning among the consumers to associate the mark in respect to the goods/services with the particular source.

B. Excusable Non-use

Non-use can be excused, thereby avoiding cancellation, if: there are valid reasons for non-use (e.g., medical conditions, economic circumstances, etc.).

XVII. Monetary Awards/Attorney Fees

A. Basis/Amount of Award

A cancellation decision may include a formal monetary award against the losing party if the case was considered in court. No award may be claimed if the case was considered in the Russian PTO.

Monetary awards are based on:

  • official fees;
  • attorney fees.

The amount of a monetary award is likely to be influenced by the following circumstances: Official fees are prescribed by the statute; the amount of attorney fees incurred by the plaintiff must be proven documentarily. The award of attorney fees must be reasonable and is left to the court's discretion.

B. Attorney Fees

The successful party is entitled to recover attorney fees in cancellation proceedings based on particular grounds, as follows: non-use.

The award of attorney fees in cancellation proceedings is: discretionary.

XVIII. Conclusion of Proceedings

A. Effect of Decision

A decision in cancellation proceedings is valid against all third parties, regardless of the grounds on which the proceedings were brought.

A decision ordering cancellation of a mark takes effect: Administrative decisions take effect on the date of the decision, while court decisions enter into force a month after the date of the decision unless it is not appealed.

B. Withdrawal or Termination of Proceeding/Costs

Cancellation proceedings based on any grounds can be terminated by withdrawing the cancellation application, regardless of the grounds for cancellation.

Withdrawal of a cancellation application does not require the approval of the court, other judicial tribunal or administrative body; termination is automatic.

Withdrawal of a cancellation application does not require the approval of the other party to the proceedings; termination is automatic regardless of the grounds for cancellation.

When cancellation applications are withdrawn, the cost of the proceedings is borne by: the applicant.

XIX. Appeals

A. Availability/Deadline

A cancellation decision may be appealed.

Appeals of cancellation decisions must be brought before the following deadline: three months starting from the receipt of the decision, if the cancellation action is based on grounds other than non-use. As applied to non-use grounds, the term for filing an appeal is two months from the date of the cancellation decision.

B. Forum

The court, other judicial tribunal or administrative body that hears an appeal is determined by the grounds on which the cancellation proceeding was brought.

For cancellation proceedings brought on absolute grounds, appeals are heard by the following court or other judicial tribunal: the IP Court.

For cancellation proceedings brought on relative grounds, appeals are heard by the following court or other judicial tribunal: the IP Court.

For cancellation proceedings brought on non-use grounds, appeals are heard by the following court or other judicial tribunal: the Presidium of the IP Court.

For cancellation proceedings brought on grounds other than absolute, relative or non-use grounds, appeals are heard by the following court or other judicial tribunal: the IP Court.

C. New Evidence

New evidence may not be submitted on appeal.

D. Representation/Cost/Awards

The approximate cost range of official fees (in local currency) to file an appeal is: RUB 6,000 (approximately USD 92) to file an appeal with the IP Court.

Specialist counsel is not required, but is recommended, for an appeal of a cancellation decision.

An appeal decision cannot include a monetary award against the losing party if the earlier decision did not include a monetary award.

E. Scope

An appeal consists of a complete rehearing of the matter if before the IP Court. An appeal to the Presidium of the IP Court is limited to points of law.

F. Further Appeals/Alternatives to Appeal

Appeal decisions may be further appealed.

Appeal decisions may be appealed to: the IP Court in its capacity as the court of cassation; after that, to the Supreme Court in its capacity as the court of second cassation; after that, to the Supreme Court as a supervisory instance.

Details regarding the deadlines and fees for further appeal are as follows: appeal to IP Court cassation instance -- two months, fee RUB 3,000; appeal to Supreme Court cassation instance -- two months, fee RUB 3,000; appeal to

Supreme Court supervisory instance -- three months, fee RUB 3,000.

There is no alternative procedure to an appeal.

XX. Consequences

A. Status of Mark After Cancellation

The terminology relating to cancellation proceedings can vary from jurisdiction to jurisdiction. Within jurisdictions, the grounds for bringing a cancellation proceeding can ultimately influence the legal consequences of the cancellation.

In this jurisdiction, if an applicant is successful in obtaining cancellation, the legal consequences of the cancellation will depend on the grounds on which the proceedings were brought (see below).

If an applicant succeeds in obtaining cancellation on absolute grounds: the mark is considered as if it were never registered.

If an applicant succeeds in obtaining cancellation on relative grounds: the mark is considered as if it were never registered.

If an applicant succeeds in obtaining cancellation on non-use grounds: the mark is considered as having been validly registered until the date of the decision to cancel the mark.

If an applicant succeeds in obtaining cancellation on grounds other than absolute, relative or non-use grounds:

  • if the ground is "liquidation of trademark owner," the mark is considered as having been validly registered until the date of the decision to cancel the mark;
  • if the ground is "abuse of right", "unfair competition", "registration by the agent", or "registration in the name of a person not being a legal entity or individual entrepreneur," the mark is considered as if it were never registered.

B. Licenses, Assignments, Other Transactions

The consequences for past assignments if a mark is cancelled are: Past assignments are recognized as valid.

The consequences for past licenses if a mark is cancelled are: Past licenses are recognized as valid to the extent that they have been executed before the decision on cancellation of the trademark.

The consequences for past contracts if a mark is cancelled are: Past contracts are recognized as valid to the extent that they have been executed before the decision on cancellation of the trademark.

XXI. Notification to TM Office

The Trademark Office is either a respondent or a third party (non-use) in cancellation proceedings. The court's decision is forwarded to all parties in the proceedings.

XXII. Refiling of Identical Mark

After a cancellation, depending upon the grounds on which the proceeding was based, an application to register the mark may be refiled:

  • by either of the parties to the action;
  • by a third party.

There are no time limits for refiling following the cancellation of a mark.

XXIII. Collective Marks

Collective marks may be registered in this jurisdiction. A collective mark is defined as: a trademark for the indication of goods that are produced or sold by persons included in the given amalgamation, which goods possess uniform characteristics of their quality or other common characteristics. (Article 1510 of the Civil Code.)

There are certain unique provisions in the law of this jurisdiction in relation to the cancellation of collective marks on absolute, relative, non-use or other grounds, as follows: Where a collective mark is used on goods not possessing common qualitative or other general properties, its legal protection may be terminated fully or in part following a ruling of the court issued at the request of any interested person.

XXIV. Certification Marks

Certification marks may be registered in this jurisdiction. A certification mark is defined as: a designation serving to inform customers on compliance of the certified product with the requirements of the certification system or national standard. A certification mark cannot be registered other than with the appropriate certification system or as part of the national standard. Certification marks are obligatory for some products and are optional for some other products. (Article 2 of the Law on Technical Regulation of the Russian Federation.)

There are certain unique provisions in the law of this jurisdiction in relation to the cancellation of certification marks on absolute, relative, non-use or other grounds, as follows: A certification mark is issued for a certain period. It may be cancelled by the certification authority before the due date if the products do not comply with the requirements set for those products.

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