Cancellation of a trademark in court

Services

Litigation and disputes

Cancellation of a trademark for non-use continuously for three years.

Legal protection of a trademark may be terminated early if the Copyright Holder does not use the trademark continuously for three years. In this case, the burden of proving the use of a trademark lies with the Copyright Holder (defendant).

Operation scheme

On the side of the Plaintiff

Preliminary analysis of the case with the definition of strategy: we analyze the market for the use of the trademark by the Copyright Holder.

We prepare and send a claim to the Copyright Holder.

We interact with the Copyright Holder (including support of legally significant actions in relation to the trademark)

Deadline: up to 2 months
Result: Compliance with pre-trial claims procedure, determination of strategy.

We prepare and submit a package of documents to the court (statement of claim, fee).

We participate in court hearings.

After satisfying the claim, we send the court decision to Rospatent.

Deadline: 5-9 months
Result: early/partial cancellation of a trademark

On the Defendant's side

Preliminary analysis of the case, determining the strategy and collecting evidence of the use of the trademark.

We prepare and send a response to the claim.

We interact with the interested party (including support of legally significant actions in relation to the trademark)

Deadline: up to 1 month
Result: Response to letter of claim, determination of strategy.

We prepare and submit a response to the statement of claim.

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

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