New amendments in Russian law for owners and holders of trademarks

According to amendments if the right holder and infringer of exclusive right are legal entities and/or individual entrepreneurs and the dispute between them is subject to jurisdiction of commercial court, before to bring a lawsuit seeking compensation or damages, the person, intending to sue, must send to defendant a complaint. If the complaint stays without answer within 30 days following the day when the complaint has been sent, the plaintiff has the right to bring a suit.

Protection for the trademark can be discontinued for certain goods if the trade mark owner did not use his mark within three years. If the party concerned has found trade mark and believes its owner does not use it, such person can propose to the owner to apply for executive federal authority in order to refuse protection or conclude agreement with the person concerned in order to sell trade mark in question. The person concerned has to send proposal in writing at the address referred in the register of trade marks and at the address of right holder.

The proposal to right holder can be made no sooner than three years from the date of trade mark registration. If the owner did not reply to the person concerned within two month or did not refuse protection for his or her trademark, the person concerned has the right within 30 days following the end of 2-month period to file a suit seeking termination of protection for trade mark in question for the reasons of failure to use it. The court can terminate protection for trademark in question.