<OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> According to Art. 17 of Law No. 3689-XII, the certificate owner must exercise in good faith the rights deriving from the certificate. </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> Based on the legal nature of the trademark, the condition for its proper use is the use of the registered trademark by the owner specifically for the goods and services specified in the certificate. </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> If a trademark is continuously not used for part or all of the goods and/or services listed in the registry without valid reasons for five years from the date of publication of the certificate issuance or from another date, this is sufficient ground to decide on the premature revocation of the validity of the certificate for such trademark in full or in part concerning the relevant goods and/or services. </ItemContent> </ListItem> <ListItem> <ItemNumber>4.</ItemNumber> <ItemContent> The validity of the certificate is not subject to premature revocation if the use of the trademark began or was resumed before the lawsuit was filed. </ItemContent> </ListItem> <ListItem> <ItemNumber>5.</ItemNumber> <ItemContent> To substantiate the use of the trademark, the trademark certificate owner must provide the court with evidence of at least some of the actions listed in point 4 of Art. 16 of Law No. 3689-XII. Such evidence may include, in particular, examples of goods bearing the relevant trademark, documents with the image of the trademark (catalogues, price lists with offers to provide services or supply goods, etc.) (here: installing equipment as an intermediate stage in the technological cycle of constructing buildings does not constitute the provision of a separate equipment installation service and thus cannot be considered use of the trademark). </ItemContent> </ListItem> </OrderedList>

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期刊论文
发表日期：

2025年2月20日

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摘要

According to Art. 17 of Law No. 3689-XII, the certificate owner must exercise in good faith the rights deriving from the certificate.

Based on the legal nature of the trademark, the condition for its proper use is the use of the registered trademark by the owner specifically for the goods and services specified in the certificate.

If a trademark is continuously not used for part or all of the goods and/or services listed in the registry without valid reasons for five years from the date of publication of the certificate issuance or from another date, this is sufficient ground to decide on the premature revocation of the validity of the certificate for such trademark in full or in part concerning the relevant goods and/or services.

The validity of the certificate is not subject to premature revocation if the use of the trademark began or was resumed before the lawsuit was filed.

To substantiate the use of the trademark, the trademark certificate owner must provide the court with evidence of at least some of the actions listed in point 4 of Art. 16 of Law No. 3689-XII. Such evidence may include, in particular, examples of goods bearing the relevant trademark, documents with the image of the trademark (catalogues, price lists with offers to provide services or supply goods, etc.) (here: installing equipment as an intermediate stage in the technological cycle of constructing buildings does not constitute the provision of a separate equipment installation service and thus cannot be considered use of the trademark).