6. Terminating the Exclusive Right to a Trademark

Article 1512. Grounds for Challenging and Deeming Invalid the Grant of Legal Protection to a Trademark
1. Challenging the grant of legal protection to a trademark means challenging the decision on the state registration of the trademark (Item 2 of Article 1499) and the recognition of an exclusive right to the trademark based thereon (Article 1477 and 1481).
Deeming the granting of legal protection to a trademark invalid shall cause the revocation of the decision of the federal executive governmental body charged with intellectual property matters on the registration of the trademark.

2. The granting of legal protection to a trademark may be challenged and deemed invalid:
1) in full or in part for the whole effective term of the exclusive right to the trademark if legal protection has been granted thereto in breach of provisions of Items 1-5, 8 and 9 of Article 1483 of the present Code;
2) in full or in part within five years after the date of publication of information on the state registration of the trademark in the gazette (Article 1506) if legal protection has been in breach of provisions of Items 6 and 7 of Article 1483 of the present Code;
3) in full for the whole effective term of the exclusive right to the trademark if legal protection has been granted thereto in breach of provisions of Article 1478 of the present Code;
4) in full for the whole effective term of legal protection if it was granted to the trademark with a later priority in comparison with a another person's trademark recognized as generally-recognize which is under legal protection in accordance with Item 3 of Article 1508 of the present Code;
5) in full for the whole effective term of the exclusive right to the trademark if legal protection has been granted thereto in the name of an agent or a representative of the person being the holder of that exclusive right in a member-state of the Paris Convention for the Protection of Industrial Property in breach of the provisions of the Convention;
6) in full or in part for the whole effective term of legal protection if the right holder's actions relating to the state registration of the trademark have been recognized in the established procedure as an abuse of law or unfair competition.

3. The grant of legal protection to a generally-recognize trademark by means of registration thereof in the Russian Federation may be challenged and deemed invalid in full or in part during the whole effective term of the exclusive right to this trademark if legal protection has been granted thereto in breach of provisions of Item 1 of Article 1508 of the present Code.

 

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