Cancellation of trademark registration as a result of non-use

Abstract

The purpose of this paper is to 1) to identify the main issues present in the Law of the Republic of Armenia on Trademarks regarding the cancelation of the trademark registration as a result of non-use, 2) study the relevant legislation of various countries on these matters, 3) analyze the situation in Armenia in comparison with international best practices and make suggestions to improve the Armenian legislation. The research of the relevant provisions of the Armenian Trademark law, as well as the case studies and the opinions of the practitioners and representatives of relevant governmental organizations on this matter showed that current regulations on the matter of cancellation of the trademark registration as a result of non-use lack necessary preciseness. Legislative gaps are present, which allows the trademark owners avoid the consequences of provisions prescribed by law and preserve the rights to the trademark. Another issue in this regard is that the judges are either not competent enough or not enough willing to dig into the problem and consequently make superficial decisions on the lawsuits. The research of the international best practices shows that the provisions of the relevant legislations are structured in a better manner and are more precise. It should be noted that the courts, litigators, trademark examiners and trademark attorneys have established a well-developed practice on the matter of what is considered to be “use” of a trademark and what is the procedure for the revocation of the trademark as a result of non-use. Taking these facts into account, it can be safely assumed that the possible implementation of the best practices used by leading countries regarding the regulations on cancellation of trademark registration as a result of non-use, as well as the development of certain guidelines, will lead to the improvement of the relevant legislation and as well as promote the advancement of the market of goods and services within the country.