Cancellation of a Trademark Due to Non-Use: Risks for Foreign Right Holders

In the modern world of intellectual property, trademarks act as a key asset for companies, especially for those operating in international markets. However, in Russia, as in many other countries, there is a mechanism for cancellation of legal protection of a brand due to its long-term non-use. This is especially relevant for foreign owners who faced challenges after the geopolitical events of 2022. In 2025, the three-year period expires for many withdrawn brands, which opens the door to potential disputes. In this article we will analyze the essence of the problem, the legal basis, and strategies for minimizing risks, relying on current practice.

Legal Basis for Trademark Cancellation in Russia

According to the Civil Code of the Russian Federation (Article 1486), the legal protection of a trademark may be terminated early if it has not been used continuously for three years. An application for cancellation may be filed by any interested party with the Intellectual Property Court (IPC). The process begins with a pre-trial stage: the applicant offers the owner to voluntarily abandon the mark within two months. If there is no response, a lawsuit follows. Evidence of use is considered sales of goods, advertising, or other actions confirming the actual application of the brand in the market.

For international marks registered under the Madrid system, the rules are similar: non-use leads to loss of protection in the Russian Federation. It is important to note that the period is counted from the moment of registration or last use, and in 2025 this concerns many foreign companies that left the market in 2022.

Main Trademark Non-Use Risks for Foreign Right Holders

Foreign companies, especially from unfriendly jurisdictions, face increased threats. First, local competitors may initiate cancellation in order to free up the niche for their analogues. For example, after the withdrawal of brands in 2022, Russian firms actively register similar marks, which leads to conflicts. Second, proving use is difficult: it is necessary to provide documents in Russian, confirmations of sales or advertising in the Russian Federation, which is problematic for departed companies.

Another risk is parallel import and illegal use. If the mark is not cancelled but is not used by the owner, third parties may exploit the brand, referring to the absence of real protection. According to experts, in 2025 a wave of lawsuits against foreign brands is expected, which may lead to loss of rights worth billions of rubles. In addition, return to the market is complicated: for reintegration, approval of a government commission is required, and a cancelled mark makes this even more expensive.

Examples from Practice and Lessons

In recent years, the IPC has considered many cases. For example, in 2024 several foreign brands lost protection due to non-use, which allowed Russian companies to launch similar products. One of the high-profile cases was the cancellation of marks of withdrawn retailers, where courts emphasized the absence of evidence of activity. For foreign owners the lesson is simple: passivity leads to vulnerability. It is recommended to monitor the market through local partners or patent attorneys.

It is interesting that even with parallel import, the use of the mark by third parties is not always counted as use by the owner, which aggravates the risks.

Protection from Non-Use and Prevention Strategies

To minimize threats, foreign right holders should act proactively. First, maintain minimal use: place advertisements, conclude license agreements, or sell goods through partners. Second, timely respond to claims and prepare evidence in advance. Third, use the services of patent bureaus for monitoring and filing oppositions.

If cancellation is inevitable, it is possible to re-register the mark, but this requires time and funds. For return to the market, it is recommended to obtain approval of the commission and restore supply chains.

Cancellation of a trademark due to non-use is a serious challenge for foreign companies in Russia, especially in the context of 2025. Risks include loss of brand, litigation costs, and competitive losses, but they can be reduced through active asset management. Owners should consult with experts to maintain control over intellectual property in a changing environment.

We assist foreign companies in protecting their trademarks in Russia from the risk of cancellation due to non-use.

Our team provides full support to ensure your brand remains legally safeguarded. We help prepare and submit evidence of trademark use, such as advertising, distribution agreements, and proof of sales. If your business operations are limited, we develop tailored strategies — including licensing arrangements, partnerships with local distributors, or minimal promotional activity — that demonstrate ongoing use of the mark in compliance with legal requirements.