A previously registered identical trademark may become an obstacle for trademark registration of similar goods or services. The trademark cancellation might be a way out providing that there is legal basis.
The trademark owner is legally obligated to use it for the individualization of goods and services in reference to which they registered the trademark. If the rights holder does not produce goods or services under a registered trademark for a period of 3 years such trademark may be annulled upon court order over claim of interested party. Interested party is goods manufacturer or service provider who is using or planning to use a designation confusingly similar to a registered trademark. In the course of judicial proceedings the complainant (interested party) must establish their interest, and the defendant (the trademark owner) must establish a fact of trademark use for a period of 3 years before the commencement of action in court.
Also, a trademark can be challenged if it was registered in contravention with legislation in effect.For example, if previously an identical trademark was registered with respect to similar goods or services and this fact was not taken into account by Rospatent or a previously registered legal entity with a similar trademark carried out similar activities. It is also quite common to go against the cases when the name of a well-known character or famous writing is registered as a trademark without the author sanction; a name of a well-known person in the Russian Federation is registered as a trademark without the sanction of that person or their heirs; a copyrighted work owned by other person is registered as a trademark In addition, the trademark cancellation may occur due to expiration of grant, the waiver of the right holder, in decommissioning of juristic person of the trademark holder.
The trademarks cancellation is essential in case if applicant is involved for patent infringement in consequence of its unauthorized use. It is also possible to cancel the trademark of competitors in case of unconscientious registration or use.
In order to be able to protect intellectual property and trademarks and trade names from cloning, right holders should regularly monitor the National registry of trademarks in order to identify similar trademarks and applications. Monitoring can be done independently but it is better to delegate this process to a patent attorney.