A trademark is quite a valuable corporate intellectual property asset, as based on it customers are able to distinguish the goods or services of one manufacturer (service provider) from the goods and services of another. This is one reason why the registration of the trademark is very important. Such registration may be completed within one country (Cyprus) or within the European Union.
What is the procedure for registration of trademarks in Cyprus on in the European Union?
- With respect to Cyprus, the application shall be submitted to the Registrar of Trademarks; with respect to the European Union, the application may be submitted either under WIPO or under EUIPO (see below). In either case, the application must be submitted under the prescribed form where the information with respect to the name and image of the trademark, class (classes) of products (services), the description of the trademark and products or services to which it applies, name, address and type of activities of the applicant (applicants) shall be indicated. The application shall be submitted through the Cypriot intellectual property law firm (if its in Cyprus) or through an EU lawyer (if its in the EU) which acts as an agent by virtue of the power of attorney or services instruction. You may submit such an application electronically through our website https://www.agplaw.com/corporate/trademark-registration.
- After the application has been obtained and the respective fee has been paid, the Registrar, or the WIPO/EUIPO, as the case may be, examines whether the respective trademark is subject to registration in compliance with trademark law of Cyprus and of the EU.
- In the event that all the requirements are met, the trademark shall be registered with the issuance of a respective certificate of trademark registration. In case of any questions, the Registrar may request additional information or explanations from the applicant and indicates the reasons for refusal to register the trademark.
- Having received an application the National Registrar will publish the trademark in the official gazette whereas the EUIPO/WIPO does not proceed to any such publication apart from informing the application of the successful trademark registration in the EU. If respective objections against the registration were not raised, the Registrar will issue the Certificate of Registration.
What are the grounds for refusal to register the trademark?
All the grounds for refusal to register a trademark may be divided into two groups:
- Absolute grounds the occurrence of which will automatically lead to refusal to register the trademark, that includes, for instance, trademarks which do not consist of signs capable of being represented graphically (in words, designs, letters, numerals, the shape of goods or their packaging); trademarks which do not have a distinctive character; trademarks which consist exclusively of signs or indications to designate the kind, quality, quantity, intended purpose, value, geographical origin of products or goods; trademarks that conflict with public policy or common moral principles; trademarks which deceive customers with respect to their quality, nature or origin of goods and services; trademarks which have not been authorized by the competent authorities, etc.
- Relative grounds always refer to the question as to whether the claimed mark, if registered as a trademark, would violate the rights of third parties to other intellectual property, including their trademark registered prior to the pending registration and applications for registration submitted prior to the pending registration, for instance in case of identity or similarity of a claimed mark with a trademark registered earlier.
What is the procedure for online application through AGP website?
Our company is willing to offer you the services of local authorized agents which are necessary for protecting the trademark in a particular country. We are proud to have a global network of the best agents on IP law. Currently, our international network of AGP IP agents/ trademark attorneys exceeds 100 professionals. We are honored to offer our clients an opportunity to perform online registration through our site which facilitates and fastens registration.
Here https://www.agplaw.com/corporate/trademark-registration you may find 4 easy steps in order to complete online registration of the trademark in Cyprus or online registration of the trademark in the EU. These 4 steps allow you to provide us the basic information necessary for selecting the proper strategy of registration and submitting the appropriate application.
- At the first stage, you need to select what you want to register (world mark, logo or world mark & logo), describe the word mark you want to register and what makes it unique, and indicate whether this trademark has been used in commerce.
- At the second stage, you have to select countries (territories) where the protection of your trademark is required (EU covers all 28 member states, including Cyprus).
- At the third stage, you select the class (classes) which provide a description of products and services (for instance, musical instruments, vehicles; apparatus for locomotion by land, air, or water; telecommunications) in connection with which you wish to register the trademark, as registering a trademark does not automatically cover all sectors/industries but covers only the classes specified in the application. Our team is ready to assist you in determining the right classes you should apply for.
- At the last stage, you provide the followings details of the owner: if the owner is an individual or a company, name, nationality, address, telephone number, e-mail etc.
How to register an international trademark?
The trademark can be registered in other EU countries in three ways:
- By submission of the application specifically to the competent authorities of those countries where protection is required.
- By submission of the application according to the
Trademark may be registered under the Madrid Agreement regarding the International Registration of Marks and under the Madrid Protocol governing the Program for international trademark registration by the International Bureau of the World Intellectual Property Organization (WIPO). Any individual or legal entity that is domiciled, or has a real and effective industrial or commercial establishment in one of the Contracting States, may enjoy advantages of the Program. Since Cyprus is a participant of both international treaties, any person who registered the trademark in Cyprus may submit an application for the international registration of the trademark in any Contracting State. An applicant shall file its application for registration indicating the Contracting States where the protection is sought through the authorized office of Cyprus that transfers an application to the WIPO for consideration. The International Bureau of the WIPO will examine the application in terms of compliance with the above-mentioned international treaties and other sufficient criteria. After the registration of mark in the International Register and publication of it in the official publication, the International Bureau of the WIPO transfers appropriate notifications to all the Contracting States where the protection is sought, and each such State shall, after appropriate examination, approve or decline registration in its territory. The registered trademarks shall, according to this procedure, have the same legal status as the trademarks registered under the national procedure. Within this procedure the Cypriot law firm will be your authorized agent for the purpose of communications with the competent authorities.
- By submission of application to the European Union
Intellectual Property Office (EUIPO)
In practice the registration of the European Union Trademark (EUTM) is very popular among owners of trademarks. The distinctive feature is that the registered trademark is subject to protection in all countries of the EU without any exclusion (the EU trademark registration countries). This fact represents a sufficient advantage for business entities and entrepreneurs who plan to do business within EU as a whole. The registration shall be carried out by the European Union Intellectual Property Office (EUIPO).
To sum up, the registration of a national, international or European mark is an effective way of securing legal protection of a trademark as a valuable asset of an undertaking and to prevent its unauthorized use by any third parties.
AGP has at the present time earned a strong reputation in the field of trademark registrations, at National, Community (EU) and International levels. We encourage our clients to protect their trademarks, names, logos, slogans and images and provide them legal support and advice with respect to their registration, intellectual property regime, intellectual property taxation in Cyprus and trademark registration cost in Cyprus and the EU.
We will assist our clients in selecting the EU or Cyprus trademark registration classes for the best protection of their trademarks, and recommend the best strategy for such registration (via EUTM or WIPO or otherwise), and will provide them with specific requirements in each particular country. So far, members of AGP have experience in successful registration of trademarks in the EU, in the USA, in China, in Australia, in the UAE, Costa Rica, Brazil, Argentina, in Africa (including Ghana, Nigeria, Yemen, Egypt, Morocco, Libya, Tunisia, Ethiopia, Uganda, Algeria, Kenya, and others) and in many other countries all over the world, the whole list of which you may find at www.agplaw.com/corporate/trademark-registration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.