The year 2025 marks three years since many international brands exited the Russian market. Under Russian law, trademarks that have not been actively used for three consecutive years become vulnerable to cancellation, giving interested parties the opportunity to initiate legal actions to terminate their protection. While some businesses may be quietly exploring how to rebuild bridges, trademark trolls are already lurking beneath these bridges, ready to capitalise on trademarks that appear unused.
Emerging risks
Trademark non-use claims
Interested parties, including trademark trolls, former franchisees and small local businesses, can legally challenge trademarks after three years of non-use. The numerous claims filed in 2024—numbering in the dozens—are not premature. Rather, claimants anticipate that right holders may struggle to produce clear evidence of continued trademark use.
Trademark squatting and misuse
Trademark trolls might not only attempt to register similar marks in unrelated categories but also aim to facilitate unauthorised uses such as parallel imports or counterfeit goods. Losing protection in Russia may open the door to rival «lookalike» brands and uncontrolled distribution elsewhere.
Forewarned is forearmed! Protect your trademarks today.
Measures to protect your brand
Monitor and act early
Regular and diligent monitoring of new trademark filings and litigation activities can help identify potential threats at the earliest stages, enabling timely action to protect your trademarks.
Defensive registrations
Consider filing new trademark applications featuring modified designs or adjusted lists of goods and services. This proactive step not only ensures broader coverage and provides additional protection against trademark misuse, but also resets the three-year non-use period, offering renewed security for your trademarks.
Document trademark usage
Maintain comprehensive records of sales activities, marketing campaigns, distribution agreements, and other evidence demonstrating active trademark use. We strongly recommend obtaining specialised legal advice to assess what constitutes sufficient proof and how best to structure your trademark maintenance strategy.
