Articles and Publications

Anna Degtyareva, Lawyer at Gorodissky & Partners, Russia, examines how Russian courts are responding to bad-faith non-use cancellation actions by developing the concept of “malicious interest” to better protect well-known trade marks.

Transformation of the international business climate and the evolving geopolitical landscape have prompted many foreign companies to reassess their presence in the Russian market. Whether through suspension of operations, scaling back commercial activity or a complete exit, the practical consequence for brand owners is the same: trademarks registered in Russia risk falling into a state of non-use, with the attendant legal vulnerabilities that follow.

Since 2022, many foreign companies changed the format of their presence in Russia. Some completely exited, selling their Russian assets, whereas others just suspended operations or continued through local subsidiaries or affiliates while distancing from their core brands. Yet all these scenarios raise the same legal question: does market exit render a widely known trademark free for registration by third parties? The article examines how Rospatent and the courts respond to attempts to capture famous brands, and outlines practical strategies for maintaining brand control even during periods of temporary non-use in Russia.

Russian trademark practice evolves and adapts to modern realities, facing numerous challenges. One of such challenges in Russian practice has been so-called brand squatting.

Alexander Nesterov of Gorodissky & Partners examines the legal risks associated with non-use and outlines practical re-filing strategies to help companies safeguard their brands in uncertain conditions.