Article 1486: Consequences of not using a trademark

1. The legal protection of the trademark may be terminated ahead of schedule for all goods or parts of the goods for which the trademark is registered, as a result of non-use of tovs An interested person who believes that the right holder does not use the trademark for all goods or parts of the goods whose individualization the trademark is registered, sends to the right holder an invitation to apply to the federal authority on intellectual property for waiver of the right to mark or contract with the person concerned to dispose of the exclusive right to mark for all goods or parts of the goods for which the commodity knows The proposal of the person concerned is sent to the right holder and to the address indicated in the State Trademark Register. A proposal by the person concerned may be sent to the right holder not earlier than after the expiry of three litres. If within two months from the date of the submission of the proposal by the person concerned, the right holder shall not apply for a waiver of the right to towa a sign or mark and will not enter into a contract with the person concerned to remove the exclusive right to the trademark, the person concerned is entitled to a 30-day period after the expiry of the said two months. A new proposal by the person concerned may be sent to the right holder. The decision to terminate the legal protection of the trademark at the earliest three months after the date of the previous proposal of the person concerned. The consequence of its non-use is accepted by the court if the right holder does not use the trademark in respect of the goods in question, for which the trademark is registered individually. In the three years immediately preceding the date of submission to the right holder of the proposal of the person concerned, the legal protection of the trademark shall cease as from the date of entry into force of the law. 2. For the purposes of this article, the use of a trademark shall be recognized by the right holder or by the person entitled to such a right on the basis of the licence dog. Ovor in accordance with article 1489 of the present Code, or by another person using a trademark under the control of the right holder, provided that the use of the wasp mark in accordance with article 1484, paragraph 2, of the present Code, except where the relevant actions are not directly related to the introduction of the goods into civilian circulation, and 3. The burden of proof has been used. In deciding on the early termination of the legal protection of the trademark due to its non-use, the rights holder may take into account the rights of the trademark. 4. The termination of the legal protection of the trademark means the termination of exclusive rights and this trademark.