The trademark filing rules in Russia have been updated [i]. Applicants are now explicitly required to declare their intent to use the applied-for mark for all designated goods and services, as well as confirm their awareness of non-use cancellation risks.
This regulatory update reinforces the ongoing legislative shift towards aligning registered trademark specifications with the registrant’s actual commercial activities.
In Detail
The updated application form requires trademark applicants to provide two mandatory confirmations:
1. Intent to Use
A formal declaration of intention to use the mark for all goods and/or services for which the trademark will be registered.
2. Awareness of Non-Use Cancellation Risks
A formal acknowledgment of the applicant that the registration may be terminated early if the trademark is not used for any or all designated goods and/or services for three consecutive years [ii].
Strategic Context
For now, this requirement serves as a procedural preventive measure, as the Russian Patent and Trademark Office (Rospatent) does not currently verify factual use intentions during trademark examination.
The measure represents a broader regulatory approach aimed at promoting fair commercial practices and clearing the trademark registry of unused marks. This step follows the change to the official fee calculation mechanism implemented in October 2025, which made the filing and maintaining broad, defensive trademark specifications economically disadvantageous.
The legal significance of the intent-to-use declaration is expected to increase once the trademark non-use cancellation procedure is updated under the roadmap of the National Model of Target Conditions for Doing Business [iii].Recommendations
In light of these developments, brand owners are advised to:
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Ensure that new trademark specifications are limited to goods and services the business realistically plans to launch over the next three years.
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Review existing trademark registrations to identify unused trademarks or overbroad classes. Trademarks that remain unused for three consecutive years are vulnerable to third-party non-use cancellation claims.
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Systematically retain evidence of commercial use (invoices, supply contracts, marketing materials, and digital marketplace listings) under the trademark.
Denis Khabarov, Partner, Moscow
Margarita Divina, Partner, Moscow
Pavel Gorokhov, Partner, Moscow
Maxim Kalinin, Partner, St. Petersburg
[i] The requirement entered into force on August 18, 2026, pursuant to Order of the Ministry of Economic Development of the Russian Federation No. 386 dated May 13, 2026 "On Amending Annex No. 1 to the Requirements for Documents Contained in an Application for the State Registration of a Trademark, Service Mark, Collective Mark, and Documents Attached Thereto and Forms Thereof, Approved by Order of the Ministry of Economic Development of the Russian Federation No. 482 dated July 20, 2015".
[ii] Article 1486 of the Civil Code of the Russian Federation No. 230-FZ dated December 18, 2006 (as amended).
[iii] Directive of the Government of the Russian Federation No. 3523-r dated November 29, 2025 "On the National Model of Target Conditions for Doing Business until 2030".
