The petition for cancellation may be filed with TTAB within five years of the date of registration of the trademark, at any time after the trademark waiver, if the mark is allegedly descriptor or generic with respect to the products/services of the application. In Russia, non-use disputes fall under the exclusive jurisdiction of the IP jurisdiction. The exemption relates to actions to cancel the mark that are the subject of an insolvency procedure for the trademark holder. The recent judgment of april 23, 2019 by the supreme court`s plenary session on the application of Part 4 of Civil Code 10 made it clear that a commercial court reviewing the bankruptcy case has the right to consider the annulment appeal. In addition, it is specified that until the bankruptcy proceedings close, it is not possible to remove the mark due to non-use. The opposite would be directed against the creditors of the debtor (the rights holder), as the erasure of the mark would lead to its removal of the assets from bankruptcy, while its sale would facilitate the broadest possible satisfaction of the creditors` requirements. Almost all jurisdictions provide for a number of reasons for the early termination of a trademark registration, and many countries allow questionable trademark registration for non-use reasons where the trademark has not been used for several consecutive years. Russia is no exception – Russian law establishes the general requirement to use the trademark to preserve the exclusive right of that right. It helps to ensure the effective functioning of denominations registered on the Russian market. A person can only challenge the termination of the registered trademark if he is concerned about the existence of such a trademark. The authority validates it under the brand`s justification such as: During the period between a final appeal and the expiry of the filing period, you can ask the brand`s lawyer to reconsider the final appeal. The application for reconsideration after the final measure is available through the TEAS. A request to cancel a trademark registration can be made at any time.
However, a trademark that has been registered for more than five years can only be terminated for the reasons listed in Trademark Act 14. Perhaps one of the most difficult and frustrating experiences for a trademark filer is the USPTO complaint, which argues that there is a risk of confusion of 2 (d) on the basis of an existing trademark application. In this regard, the auditor rejects the applicant`s mark because it is sufficiently similar to an existing mark with sufficiently similar products/services.