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ARTICLE · 13 MARCH 2017

Trade Mark Use Or Right Abuse?

Trade mark registrations sometimes take turns which would not be expected in the normal run of things.

RussiaIntellectual Property

Trade mark registrations sometimes take turns which would not be expected in the normal run of things. The trade mark owner usually registers his trade mark to sell his goods, promote his services, etc. Sometimes the infrastructure is not ready and the trade mark is not used for some time. In order that the trade mark owner should not be too relaxed there is a pike in the lake to keep all trade mark owners awake. The pike in this context is the law which allows three years of carefree existence of a trade mark.

After that the trade mark may be cancelled because of non-use. Registration of a trade mark costs money but we may observe that non-use cancellation actions are not so uncommon. The reasons for non-use may be different, sometimes cancellation is painless but for the most part trade mark owners offer stubborn resistance. In some cases a trade mark may be saved if the trade mark owner issues a letter of consent to the plaintiff so the conflict is

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