2. Using a Trademark and Disposing of Exclusive Right to a Trademark

Article 1484. The Exclusive Right to a Trademark
1. A person for whose name a trademark has been registered (right holder) owns an exclusive right to use the trademark in accordance with Article 1229 of the present Code in any manner not conflicting with a law (exclusive right to a trademark), including the methods specified in Item 2 of the present article. The right holder may dispose of the exclusive right to the trademark.

2. The exclusive right to a trademark may be exercises to individualize the goods, works or services for which the trademark has been registered, for instance by placing the trademark:
1) on the goods including labels, the packages of goods which are manufactured, offered for sale, are sold, exhibited at exhibitions and fairs or are otherwise introduced in civil-law transactions on the territory of the Russian Federation or are stored or transported for that purpose or are imported onto the territory of the Russian Federation;
2) when works are performed or services are provided;
3) on the document relating to the introduction of the goods in civil-law transactions;
4) in offers for the sale of goods, performance of works, provision of services, and also in announcements, billboards and in advertisements;
5) on the Internet, including in a domain name or in other address methods.

3. Nobody has the right to use without a right holder's permission designations which are similar to his/its trademark for the goods for the individualization of which the trademark has been registered or of uniform goods if such use might result in confusion.

Article 1485. The Mark of Trademark Protection
For the purpose of warning of his/its exclusive right to a trademark the right holder is entitled to use a protection mark that is placed next to the trademark and is composed of the Latin letter "R" or the Latin letter "R" in a circle (R) or the word designation "trademark" or "registered trademark" and indicates that the designation used is a trademark protected on the territory of the Russian Federation.

Article 1486. The Consequences of the Non-Using of a Trademark
1. The legal protection of a trademark may be terminated before due date in respect of all the goods or part of the goods for the individualization of which the trademark has been registered, due to the trademark's not being continuously used for any three years after its state registration. An application for early termination of the legal protection of a trademark due to its not being used may be filed by a person concerned with the chamber of patent disputes upon the expiry of the said three years, provided the trademark has not been used until the filing of the application.

2. For the purposes of the present article the use of a trademark means its being used by the right holder or the person to which such right has been granted by a licence contract in accordance with Article 1489 of the present Code or another person using the trademark under the control of the right holder, provided the trademark is used in accordance with Item 2 of Article 1484 of the present Code, except for cases when relevant actions are not directly related to the introduction of goods in civil-law transactions, and also the use of the trademark involving a modification of specific elements thereof not affecting its distinguishing capability and not limiting the protection granted to the trademark.

3. The right holder shall bear the burden of proving that the trademark is in use.
When resolving the issue of early termination of the legal protection of a trademark due to its non-use, account may be taken of the evidence of the trademark's not being used due to circumstances beyond the right holder's control, such evidence being provided by the right holder.

4. The termination of legal protection of a trademark means the termination of the exclusive right to the trademark.

Article 1487. The Exhaustion of the Exclusive Right to a Trademark
The exclusive right to a trademark shall not be deemed infringed if the trademark is used by other persons in respect of goods that have been introduced in civil-law transactions on the territory of the Russian Federation directly by the right holder or on the consent thereof.

 

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