Article 1512: The grounds for challenging and invalidating the granting of legal protection to a trademark

1. Refusal to grant legal protection to a trademark means challenging the decision to register a trademark by the State (art. 1499, para. 2) and the recognition based on it has excluded (arts. 1477 and 1481) The invalidation of the legal protection of the trademark results in the annulment of the decision of the federal executive body on intelligence. 2. The granting of legal protection to a trademark may be challenged and declared null and void: (1) in whole or in part for the duration of the period of time. a the operation of an exclusive right to a trademark if the legal protection has been granted to him in violation of the requirements of article 1483, paragraphs 1 to 5.8, of the present Code; (2) in whole or in part, in the current 5 years from the date of publication of the State registration of the trademark in the Official Gazette (art. 1506), if the legal protection was provided to him in violation of the requirements of the paragraphs Article 1483 of the present Code, article 6.7, article 10; (3) ceased to be in force since 29 June 2023, Federal Act of 28 June 2022 No. 193-FZ (4), in its entirety, for the duration of the legal protection if the legal fr. Ana has been granted a trademark with a later priority over a generally recognized registered trademark of another person whose legal protection is exercised with in accordance with article 1508, paragraph 3, of the present Code; (5) for the entire duration of the exclusive right to a trademark, if the legal security has been granted to him in the name of the agent or A representative of a person who possesses this exclusive right in a State party to the Paris Convention for the Protection of Industrial Property, in violation of the requirements of this right The Convention; (6) All or part of the duration of the legal protection if the right holder acts in connection with the granting of legal protection to a trademark or a similar mark before the date of its entry into force the degree of confusion of another trademark is recognized as an abuse of right or unfair competition in accordance with established procedure; (7) wholly or partly throughout the period of effectiveness of the right. The provisions of subparagraphs 1 and 2 of this paragraph shall be applied in the light of the circumstances prevailing at the date of submission. 3. The granting of legal protection to a generally known trademark by registration in the Russian Federation may be challenged and declared null and void in its entirety or In part, for the duration of the exclusive right to the trademark, if the legal protection was granted in violation of the requirements of article 1508, paragraph 1, of the present Code. the maintenance of legal protection in the territory of the Russian Federation of a trademark registered in accordance with the international treaties of the Russian Federation may be challenged and declared invalid The Committee notes that the State party’s observations on the admissibility and merits of the communication are based on the State party’s observations on the merits of the communication.