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First Cancellation of Foreign Trademark in Russia: Ericsson Case Sets Precedent

2025-04-18 12:27 Court practice

Case Details

The Moscow Intellectual Property Court ruled in October 2024 to cancel Ericsson's trademark protection (Case No. СИП-334/2024) after establishing the Swedish company had not imported HVAC equipment under the Ericsson brand to Russia since 2021. This three-year non-use met the cancellation threshold under Article 1486 of Russia's Civil Code.
Based on this ruling, the Federal Service for Intellectual Property Rospatent registered the Ericsson trademark on 12 March 2025 for Russian HVAC manufacturer Rusclimat — but notably for clothing, footwear and headgear categories. It is reported that Rusclimat is acting on behalf of an undisclosed partner from a “friendly” country.
Ericsson filed a cassation appeal with the Russian Supreme Court in April 2025, which shows that the dispute continues despite Rospatent's registration.

Broader Implications

  • Wave of Similar Cases Expected
With 2025 marking three years since many Western brands decided to exit, legal experts anticipate more trademark cancellations.
  • New Business Models Emerging
Russian companies may exploit well-known brands for domestic production to create leverage when negotiating buybacks with returning foreign owners.
  • Consumer Protection Questions
Repurposing foreign brands for unrelated product categories by local firms could cause consumer confusion.

Protecting Your Trademarks

  • Active Defense: Maintain evidence of trademark use (e.g., residual sales, maintenance services).
  • Strategic Registration: Consider filing for additional product classes and/or registration of new trademark variations defensively.
  • Contingency Planning: Evaluate options for brand reacquisition or coexistence agreements.