ON DRAWBACKS OF THE ARTICLE 1486 OF THE RUSSIAN CIVIL CODE: WHEN SHOULD NOT PROTECTION OF A TRADEMARK BE TERMINATED EARLIER DUE TO THE NON-USE OF IT?

The author wants to find out what factors could influence on the application to an owner of a trademark of such measure as the early termination of protection of a trademark due to the non-use of it established in art. 1486 of the RF Civil Code. He proves that there is no sufficient set of circumstances in this article which have to be considered by the court while issuing a decision about the application of this measure. In the article there is an exhaustive analysis of the scope of factors which have an impact on such application; all of them in author’s opinion should be incorporated into law.