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Trademark Registration and Non-Use Cancellation in Russia

TRADEMARKS IN RUSSIA

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Basics of the Russian Trademark System

In Russia, only trademarks registered in Russia are protected. A registration in Japan alone does not protect a mark in Russia. You can file directly with the Russian patent office (Rospatent) or designate Russia in an international registration under the Madrid Protocol. Foreign companies filing directly with Rospatent must act through a Russian patent attorney.

Cancellation for Three Years of Non-Use (Article 1486 of the Russian Civil Code)

If a registered trademark has not been used continuously for three years, its protection may be terminated early for all or some of the designated goods.

SubjectA registered trademark not used continuously for three years (for all or some of the designated goods)
Start of the procedureAn interested party sends the owner a proposal to abandon or assign the right. The proposal may be sent only after three years from the registration date.
Court claimIf the owner neither abandons nor assigns the right within two months, the interested party may file a claim with the court within the following 30 days.
Burden of proofThe trademark owner must prove use.
What counts as useUse by the owner, use under a license agreement, and use by another party under the owner's control.

Cases have been reported in which registered trademarks of foreign brands that left the Russian market became the subject of cancellation. See the sources below.

Official Imports and Trademark Protection

Continued official import and sale creates a record of use in Russia. A valid Russian registration is also a prerequisite for action against parallel imports and counterfeits through the customs IP register and marketplace rights-holder procedures. We support trademark filings in our partners' own names only on their instructions. We never acquire your trademark in our name.