Article 1513. Procedure for Challenging and Deeming Invalid the Grant of Legal Protection to a Trademark
1. The grant of legal protection to a trademark may be challenged on the grounds and within the term envisaged by Article 1512 of the present Code by means of filing an objection against such granting with the chamber of patent disputed or with the federal executive governmental body charged with intellectual property matters.

2. Objections against the grant of legal protection to a trademark on the grounds set out in Subitems 1-4 of Item 2 and Item 3 of Article 1512 of the present Code may be filed with the chamber of patent disputes by the person concerned.

3. An objection against the grant of legal protection to a trademark on the ground set out in Subitem 5 of Item 2 of Article 1512 of the present Code may be filed with the chamber of patent disputes by the concerned owner of the exclusive right to the trademark in a member state of the Paris Convention for the Protection of Industrial Property.
An objection against the granting of legal protection to a trademark on the ground set out in Subitem 6 of Item 2 of Article 1512 of the present Code shall be filed by a person concerned with the federal executive governmental body charged with intellectual property matters.

4. Decisions of the federal executive governmental body charged with intellectual property matters on deeming invalid the granting of legal protection to a trademark or on refusing to deem it as such shall take effect in accordance with the rules of Article 1248 of the present Code and they may be challenged in the court.

5. If the grant of legal protection to a trademark is deemed invalid in full the certificate of the trademark and the entry in the State Register of Trademarks shall be annulled.
If the grant of legal protection to a trademark is deemed partially invalid a new certificate for the trademark shall be issued and relevant amendments shall be made to the State Register of Trademarks.

6. The licence contracts concluded until a decision is taken on deeming invalid the grant of legal protection to a trademark shall remain in effect to the extent in which they had been discharged as of the time when the decision was taken.

Article 1514. Terminating the Legal Protection of a Trademark
1. The legal protection of a trademark shall be terminated:
1) in connection with the expiry of the effective term of the exclusive right to the trademark;
2) on the ground of a court's decision on early termination of the legal protection of the collective trademark in accordance with Item 3 of Article 1511 of the present Code in connection with this mark being used on goods not having uniform quality characteristics or other common characteristics;
3) on the basis of a decision on early termination of the legal protection of the trademark due to its not being used, such decision being taken in accordance with Article 1486 of the present Code;
4) on the basis of a decision of the federal executive governmental body charged with intellectual property matters on early termination of the legal protection of the trademark in the event of termination of the legal entity being the right holder or termination of the entrepreneurial activity of the individual entrepreneur being the right holder;
5) if the right holder has waived his/its right to the trademark;
6) on the basis of a decision taken by the federal executive governmental body charged with intellectual property matters on the application of a person concerned on early termination of the legal protection of the trademark if it has turned into a designation commonly used as a term for goods of a certain kind.

2. The legal protection of a generally-recognize trademark shall be terminated on the grounds set out in Subitems 3-6 of Item 1 of the present article, and also by a decision of the federal executive governmental body charged with intellectual property matters if the generally-renown trademark has lost the characters established by Paragraph 1 of Item 1 of Article 1508 of the present Code.

3. When an exclusive right to a trademark is transferred without the conclusion of a contract with the right holder (Article 1241) the legal protection of the trademark may be terminated by a court's decision on a claim of a person concerned if it is proven that the transfer misleads consumers concerning goods or the manufacturer thereof.

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

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