Register a Trademark in CyprusUpdated on Tuesday 22nd September 2015
based on 0 reviews
Legislation protecting trademarks in Cyprus
Cyprus has a very rigorous legal framework for the protection of intellectual property rights. When it comes to trademarks, the following laws are meant to protect those who register a trademark in Cyprus. Based on international legislation, Cyprus adhered to all EU Directives, but also to:
- - the Paris Convention for the Protection of Industrial Property,
- - the WIPO (World Intellectual Property Organization) Convention,
- - the Madrid Protocol,
- - the Agreement on Trade-Related Aspects of Intellectual Property Rights.
At national level, Cyprus has the Trademarks Law or Chapter 268 and the Case law.
Trademark registration procedure in Cyprus
The trademark registration procedure can only by conducted by lawyers in Cyprus. In order to register a trademark in Cyprus, the lawyer will need a power of attorney and a filled application form, called Form TM2. The application must be filed separately for each class of products or services. The power of attorney, however, may be general.
Once the application is filed, the Cypriot Trademark Registrar will examine the petition and publish it in the Official Gazette for two months. During these two months anyone with a solid reason may file for trademark opposition. If no opposition is registered, the Cypriot Registrar will issue a registration certificate with a copy of the trademark.
Trademarks in Cyprus have seven-year validity from the initial registration and may be renewed for 14 years after the first 7 years.
What are the requirements for Cypriot trademarks?
Once the application is filed, the Registrar must examine the trademark and make sure it complies with all legal requirements. In order to be registered, a Cypriot trademark must respect the following requirements:
- - it must be distinctive,
- - it must not resemble any previously registered trademark,
- - it must not deceive the public it is intended for.
Based on these requirements, the Registrar may approve the registration of the trademark, may approve the registration under certain conditions, may request the application to be amended or may refuse the registration. The Registrar’s decision may be appealed before the Cypriot Supreme Court.
For complete details about the protection of intellectual property rights you can contact our law firm in Cyprus.