Non-Use Is Not That Simple

Laws of many countries include a provision regarding non-use of a trademark. Article 1486 of the Russian Civil Code provides that a trademark may be invalidated for all or part of the goods if the trademark is not used during three years.

In that case an interested person shall send a request to the trademark owner and ask him either to assign the trademark to him or grant him a license. If the trademark owner ignores the request the interested person may initiate a court action at the IP court. The use of a trademark means the use by the trademark owner himself, by his licensee or by a person under control of the trademark owner. The last version of use must be carefully documented in order to be able to save the trademark from cancellation.