IP Court Presidium on Early Termination of Trademark Protection

The Presidium of the Intellectual Property Court (IP Court) clarified rules for early termination of trademark protection in its Review No. 1/2025 (November-December 2024).

In case No. SIP-64/2024 dated 26.12.2024, the court reviewed a claim to terminate protection of a mark for Class 34 goods (tobacco, snus, etc.) due to non-use. The Presidium found that a supply agreement with a Russian entity proves use under the right holder’s control for tobacco, but the snus ban is a permanent condition, not a temporary obstacle excusing non-use (details).

In case No. SIP-1161/2023 dated 01.11.2024, the court upheld termination of a mark’s protection registered for “meat.” The Presidium emphasized that export restrictions are assessed separately for each disputed goods category. For a broad category like “meat,” the court considers which specific types were marketed by the right holder before restrictions. A ban on exporting one subtype (e.g., beef) does not excuse non-use for others (e.g., pork) unless they were also used. However, if restrictions affect the exact goods previously marketed, this qualifies as a valid reason for non-use (details).