Trademark Protection in Cyprus
In recent years, there has been an unprecedented expansion in the volume of foreign trade mark applications in Cyprus, revealing the increased importance of the Cyprus market for foreign economies.
The Cyprus Trademarks laws are governed by Chapter 268, as amended. Cyprus is a signatory to the Paris Convention for the protection of Industrial Property and has also ratified the Treaty and Regulations of WIPO. As an EU Member State, Cyprus legislation is fully harmonised with EU standards applicable in trademark protection.
The procedure for the registration of a trade mark in Cyprus is straightforward. Initially, an advocate in Cyprus may be appointed through a power of attorney as agent with respect to the registration of trade marks. Although a preliminary search of the register can first be conducted to ascertain the registrability of a mark, the process formally commences through the submission of a relevant application in the Registrar of Trademarks. Notice of filing is provided by the Registrar, usually 2-3 weeks after filing. The class in which registration will be made has to be determined and the international system of classification is followed. The application is assessed according to legislative criteria, including the requirement for the mark to maintain a distinctive character, it must not deceive and it must not resemble marks already registered or pending registration on the basis of the principle of priority.
The Registrar’s decision is communicated to the applicant who has the right to object if the Registrar’s decision is to refuse the registration of a mark or to accept it conditionally. If the application is approved, conditionally or unconditionally, it is advertised in the Official Gazette and a certificate of registration is issued by the Registrar. The certificate of registration of a mark is valid for seven years and is renewable every fourteen years thereafter. Applications for renewal maybe made at any time within three months of the expiry date.
A registered trade mark may be assigned to a person who may register his title as assignee with the registrar. Also, a person may become the registered user of a trade mark, though this use of the mark is considered to be use of the proprietor of the mark and such right is not assignable.
Harris Kyriakides & Associates is one of the leading legal and corporate services providers in Cyprus. In respect of IP law, we have established a specialised Intellectual Property Law Centre (IPLC) providing legal services on all aspects of Intellectual Property law, including trade marks, trade names, patents, copyright and industrial designs. IPLC is divided into two departments, the Intellectual Property Corporate department (IPC) and the Intellectual Property Litigation department (IPL).
IPC advises and provides legal representation on the following matters:
• Searches (novelty, infringement, name etc).
• Registration of trade marks, trade names, patents, industrial designs and domain names
• Maintenance and IP portfolio management
• IP contracts and agreements, including licences, franchises, assignments, collaboration agreements, etc.
• Intellectual property audits and due diligence investigations
IPL advises and provides legal representation in regard to the protection and enforcement of intellectual property rights. IPL undertakes consultancy and representation in:
• Litigation on all aspects of IP law, including infringement proceedings, opposition proceedings, passing-off and unlawful competition and anti-counterfeiting procedures, aiming at injunctive relief, recovery of damages as well as preventive measures against infringements of IP rights.
• Proceedings before national authorities where objections to the registration process are raised.
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Harris Kyriakides & Associates, Advocates, Lawyers & Legal Consultants, is a leading full-service law firm in Larnaca, Cyprus. Established in 1976, the law firm is widely acknowledged and nationally recognized as being in the top tier of law firms in Cyprus.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.