Is it possible to obtain rights to a famous brand?

In the Russian Federation, a practice of early termination of registration of trademarks of unfriendly companies that have left the Russian market is being developed. Experts believe that the number of such cases will increase, and Russian companies may either use a recognizable foreign brand themselves or offer foreign companies to redeem it when returning to the market.

The legal basis for early termination is non-use of the trademark for three years.

Article 20 of the Law of the Republic of Belarus "On Trademarks and Service Marks" provides for a similar procedure. Legal protection of a trademark may be terminated early in relation to all or part of the goods for the individualization of which the trademark is registered, due to non-use of the trademark without good reason continuously for any three years after its registration.

An application for early termination of legal protection of a trademark due to its non-use may be filed by any person with the Supreme Court of the Republic of Belarus after the expiration of the specified three years, provided that the trademark has not been used prior to the filing of such an application.

To apply to the court with a claim for early termination of a trademark, a person must prove itslegal interest, for example, the impossibility of registering a similar mark, which is confirmed by an official refusal in registration.