Cancellation of a trademark
A competitor's trademark registration could threaten your interests. In this case, it is possible to achieve the cancellation of the provision of a legal protection regime for a specific object of intellectual rights. But for success, your position needs to be substantiated, to prepare evidence that the registration was carried out with violations.
Our team consists of experienced lawyers and patent attorneys who have won many cases for the cancellation of trademarks, both when crossing rights (similar signs) and for non-use for three years.
Another advantage is that we have forensic experts on staff who can conduct an examination to establish similarities
Got a claim to have your trademark canceled? Write to us and we will help you defend your rights. Remember, the court is not won by the right, but the one with the most savvy lawyer
What you need to know about revoking a trademark?
To begin with, it should be noted that the cancellation of a trademark as such is not clearly indicated in Russian legislation. That is, this concept cannot be classified as legal. However, in law enforcement practice, it is often found. Entrepreneurs use it even more often.
Cancellation of a trademark means the following:
- cancellation of registration of exclusive rights to a trademark due to the fact that this procedure was carried out with serious violations;
- cancellation of the legal protection regime due to the fact that the trademark has not been used for a long time (according to Russian law, 3 years or more must pass).
It should be noted that we are talking about 2 different procedures. And they are the most common. Consequently, when they talk about the cancellation of a trademark, in most cases they mean it.
However, the cancellation of a trademark is also possible in such cases:
- liquidation of the copyright holder. This is relevant in cases where a legal entity or an individual entrepreneur officially ceased their activities, but at the same time the transfer of exclusive rights to the intellectual property object did not take place. In this case, any interested person has the right to submit an application to Rospatent for early cancellation. Consideration of such an application usually takes 5 months. Usually, a positive decision is made based on the results;
- the designation became widely used. In fact, a trademark is simply beginning to refer to a specific group of products. Xerox is a prime example. In this case, the designation ceases to play the role of a discriminator for an ordinary consumer;
- the transfer of trademark rights has occurred in a way that misleads consumers. Sometimes the holder of rights for a particular trademark is of great importance. For example, he must have a certain profession or appropriate training. However, it is also possible to obtain the right to an intellectual property object through the inheritance mechanism or, for example, during the reorganization of a legal entity. But then the consumer will be misled. It is the client who can sue. However, he will have to prove the fact of being misled by such a transfer of the right to a trademark.
As you can see, there are objectively many reasons for canceling a trademark. And the order of actions depends on what is directly discussed. In some cases, it is necessary to contact Rospatent. For example, there is a Chamber for Patent Disputes, where you can appeal against illegal registration. There is also an Intellectual Property Court. Through it, you can also achieve the abolition of the legal protection regime if you think that it was provided unlawfully.
In some cases, it is worth submitting an application to an arbitration court. This is especially true when a dispute arises between the parties.
In recent years, mechanisms for revoking trademark rights have begun to be actively used for unfair competition. And this is happening more and more often. Recently, the Intellectual Property Court has rejected such applications in the hundreds.
The fact is that there is no clear mechanism for bringing to justice for the obvious abuse of their rights. And in the field of protection of rights to intellectual property objects in general, many questions arise. Therefore, if you have become a victim of such a claim, if you run the risk of suffering if it is satisfied, it makes sense to turn to lawyers. With experienced professionals, you can both revoke the rights to a trademark, if they were issued with violations, and defend your own interests.
and guarantees of the company
and company experts
Entrepreneur, co-owner of several companies. He is the author of patents, computer programs, understands the technical intricacies of patents and the legal aspects of their protection. In matters of intellectual property, he understands from a practical point of view - the profit that can be obtained from the rights to patents, trademarks, copyrights.
Inventor, carries out professional activities in the field of protection and protection of intellectual property since 2004 - patent attorney of the Russian Federation No. 1232 from 23.05.2008, field of activity: inventions, utility models, industrial designs.
Leading specialist in the international registration of trademarks under the Madrid Protocol in non-CIS countries, as well as direct registration of trademarks in the CIS countries. For more than 9 years she has been engaged in the registration of trademarks both in the Russia and abroad.
She has extensive practical experience in registering difficult trademarks and solving related legal issues.
Author of over 20 scientific papers. He has extensive experience in the implementation and protection of R&D results, a specialist in the development and protection of exclusive rights to computer programs. In 2009 he defended his thesis for the degree of candidate of technical sciences.