Trademark registration in Cyprus falls specifically under the regulations of the Trade Marks Law and according to it goods and services are separated into respectively 8 classes.Cyprus has the Trademarks Law or Chapter 268 and the Case law. Cyprus trademarks can be registered only if they are genuine. Trademarks must be registered with the Trade Marks Registrar and the application can be submitted by a Cyprus law firm only.In addition to the national Trade marks law Cyprus also adheres to:
- the Paris Convention for the Protection of Industrial Property,
- the WIPO (World Intellectual Property Organisation) Convention,
- the Madrid Protocol,
- the Agreement on Trade-Related Aspects of Intellectual Property Rights.
In order to register a trademark in Cyprus, we will need a power of attorney ( which can be general) and a filled application form, called Form TM2. The application must be filed separately for each class of products or services.
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.
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 more information on Trademark and intellectual property law please do not hesitate to contact us.