ERFIS - Patent OfficeContact us ↗
Litigation and disputes

Cancellation of a trademark in Rospatent

Protection of interests in Rospatent and the courts.

Full cycleFrom registration to protection
Since 2016In the field of intellectual rights
Russia and the worldWorking with foreign attorneys

Services

Litigation and disputes

The most common reasons for cancellation of a trademark in Rospatent:

1. The trademark was registered in violation of clause 1 of Article 1483 of the Civil Code of the Russian Federation, namely the designation:

  • is a common symbol and term;
  • characterizes goods, including their type, quality, quantity, property, purpose, value, as well as the time, place and method of their production or sale;
  • is a form of goods that is determined solely or primarily by the property or purpose of the goods.

2. The trademark is:

  • false or capable of misleading the consumer regarding the product or its manufacturer;
  • contrary to public interests, principles of humanity and morality.

3. The trademark is identical or confusingly similar to a trademark having an earlier priority date.

4. The trademark is identical or confusingly similar to the trade name/commercial designation.

6 years in the professional services market

more than 80 countries in which
we have partners

Operation scheme

On the side of the Applicant, objections

Case analysis.

Preparation of an objection and sending it to the Chamber of Patent Disputes (Rospatent).

Deadline: 2-3 weeks
Result: filing an objection to the granting of legal protection to a trademark

Participation in a meeting of the Chamber of Patent Disputes (PPC).

Deadline: 5-9 months
Result: cancellation of a trademark

On the side of the Trademark Owner

Preparation of a response to the objection, sending it to the Chamber of Patent Disputes (Rospatent) and to the Applicant.

Deadline: 2-3 weeks
Result: filing a response to an objection against granting legal protection to a trademark

Deadline: 5-9 months
Result: maintaining legal protection for the trademark

Price list

Preliminary analysis

Pricing

from 30,000 rubles

Preparing a claim and conducting a case in court

- protection against counterfeiting;
- suppression of violation of an exclusive right;
- protection from unfair competition.

from 40,000 rubles

Preparation and submission of a claim

from 25,000 rubles

Cancellation of a trademark in the Chamber of Patent Disputes

On the plaintiff's side
Preliminary analysis - free
Preparing an objection and conducting a case – from 60,000 rubles
Additionally, the Rospatent fee is paid at the rate of 13,500 rubles per 1 TK.

On the defendant's side
Preliminary analysis - free
Preparing a review and conducting a case – from 60,000 rubles

Cancellation of a trademark in Court

On the plaintiff's side:
Preliminary analysis - free
Preparation and submission of a claim – 25,000 rubles
Preparing a claim and conducting a case – from 40,000 rubles  
An additional state fee for going to court is paid at the rate of 6,000 rubles per 1 technical assignment.

On the defendant's side:
Preliminary analysis - free
Preparing a response and conducting a case – from 40,000 rubles

Challenging the decision of Rospatent in the Chamber of Patent Disputes

Preliminary analysis - free
Preparing an objection and conducting a case – from 60,000 rubles
Additionally, Rospatent duty is paid at the rate of 9,000 rubles per commodity

Challenging the decision of Rospatent in the Court

Preliminary analysis - free
Preparing a claim and conducting a case – from 60,000 rubles
Payment for a representative’s travel to a meeting, starting from 2 – 15,000 rubles
An additional state fee for going to court is paid at the rate of 3,000 ₽

Protest against registration of a trademark by third parties

Preliminary analysis (Protest against registration of a trademark by third parties)

from 10,000 rubles

Preparing and filing a protest

25,000 rubles

Question and answer

When can a trademark be canceled for non-use?

At the end of 3 years from the date of its state registration, provided that the copyright holder has not used it.

Is there a claims procedure in the PPP?

No, the PPP does not provide for compliance with the claims procedure.

Still have questions?

In case of questions, each Client can receive a free consultation by phone or by sending a request

Order a consultation

Return to list

Let's start with your task

Protection of intellectual property in Russia and abroad.

Professional associationsAIPPISt. Petersburg College of Patent Attorneys
Consultation

Let's discuss your task

Tell us about your task. A specialist from the bureau will contact you by phone or email.

* - required fields

Personal data processing policy

Or call: 8 (991) 993-86-09

ERFIS · WeChat

ERFIS WeChat QR code

Scan the QR code in WeChat