A trademark is a designation that distinguishes the goods or services provided by one company from the goods and services of another, which increases their recognition among Consumers, distinguishes the company from competitors and protects goods from counterfeiting.
The trademark is used on goods or packaging, in advertising, services, printed publications, on official letterheads, signs, when displaying exhibits at exhibitions, fairs, etc.
It must be remembered that only a trademark registered with Rospatent has legal force. The copyright holder has the right to use the designation to protect goods and services, since he is the holder of exclusive rights. It may give third parties the right to use it on the basis of a license agreement or a franchise agreement.
Any interested party may terminate the trademark early (in full or in relation to part of the goods/services) if the Copyright Holder has not used the trademark continuously for three years after its state registration.
An application for early termination of legal protection of a trademark due to its non-use may be filed with the Intellectual Property Rights Court.
However, when deciding on the early termination of legal protection of a trademark due to its non-use, evidence provided by the Copyright Holder may be taken into account that the trademark was not used for reasons beyond his control or that the Copyright Holder carried out preparatory work for its use.
