A trademark distinguishes the products or services of one manufacturer or service provider from the products and services of another. This is the reason why registration of the trademark plays a considerable role in establishing global reputations and building brands. Such registration may be completed within one country such us Cyprus or within the EU.
By registering the trademark, it is protected from being used and exploited by others. In case a third party uses your trademark to advertise its own products or services, you may sue the third party for trademark infringement or passing off. It is very important that once the trademark is registered, goodwill is not required to be proved in court procedures.
A trademark can be a word, a phrase, a logo or a combination.
In Cyprus, a trademark is protected by virtue of its registration with the official Cyprus Registry.
The requirements for filing a national application are regulated by the Trademark Law, Cap. 268.
STEPS
- The first step is to request the Registrar to conduct a search on the Registry of Trademarks in order to ensure that there are no similar trademarks to the one you wish to apply for. This takes approximately three weeks and, although it is not compulsory, it is highly recommended.
- Then, a trademark application must be filed along with a Power of Attorney authorizing a lawyer who is able to practise law in Cyprus to proceed with the filing of the application. A high-quality version of the trademark – in the case where it is a logo trademark – and the full details of the applicant are necessary at this stage.
- After that, the Registrar publishes the trademark in the official Gazette of the Republic of Cyprus so as to give the opportunity to anyone who may wish to object to its registration to do so. If no objection is filed within two months, the fee for issuing the certificate is paid and the trademark is registered. If an objection is filed within the provided two months’ period, both parties file their opinion and evidence and the Registrar decides whether the trademark will be registered or not after a hearing.
GROUNDS OF REFUSAL TO REGISTER A TRADEMARK
As per the Cyprus law, a mark cannot be registered as a trademark for the following main reasons:
- If it has a descriptive character (it describes your goods or services or any characteristics)
- If it has become customary in the line of trade
- If it’s offensive
- If it’s against the law, for example, promoting illegal drugs
- If it’s deceptive.
In order for a registered trademark to be in force, it must be renewed 7 years after its registration date. Thereafter it is renewed for periods of 14 years each.
We are experienced in registering trademark in Cyprus. Should you request assistance in the registration, feel free to contact us either through email or online.
The content of this article intends to provide an overview of the subject matter. Specialist advice should be sought on each particular case. Our expertise can provide any legal information related to registration, administration, maintenance, search, oppositions and renewals of trademarks. For more information please contact us at info@azgroups.net