General Info & Documents:
- Examination of TM from the Registrar: In general
- TM must:
- Be Distinctive
- Not Discriptive
- Not be deceptive
b. The Registrar can:
- Grant registration of the mark as applied
- Grant conditional registration
- Request amendments to the application
- Refuse registration
1. Filing of Application
- A separate application for each Class of goods or services (If an application is for all goods of a class, a notarized affidavit confirming that the applicant uses or intends to use the mark for all the goods in that class will be required).
- Translation of the application in the Greek language signed by the applicant or his agent along the full name adress, occupation of the applicant and the full list of goods and services.
- Application s must be filed through an attorney at law licensed to practice in Cyprus. A power of attorney in duplicate must be filed with the registration request and no legalization or notarization is required. (Form TM1 signed & stamped from TM owner)
2. Search from the Registrar:
- Upon receipt of a trademark application, the Registrar will conduct a search of all registered and pending trademarks in order to determine whether any earlier marks for the same goods are identical or confusingly similar to the applicant's mark.
- The Registrar will examine the trademark based on formalities and registrability per se.
- If the Registrar objects to the registration, the applicant will be notified accordingly and will be given a three (3) month period in which he will be able to:
- Apply for a hearing or
- Submit a written response to the objections given by the Registrar. (if it fails to do so, the application will be deemed to have been withdrawn)
4. Publication in the Official Gazette:
- Provided the application is accepted then it will proceed for publication in the Official Gazette of the Republic of Cyprus.
5. Opposition Period & Procedure:
- Any party that wishes to oppose must do so by submitting a notice of opposition within a period of two (2) months from Publication.
- The applicant must respond setting out the grounds in support of his application within a further period of two (2) months from receipt of the opposition notice.
- Upon receipt of the response the opposing party must submit to the Registrar evidence in support of the its opposition within a further two (2) month period. (if no evidence in support are submitted the opposition will be considered abondoned)
- The applicant will submit its own evidence in support for which the opposing party will have the opportunity to respond within a further period of one (1) month.
- Following submission, the Registrar will set a date ofr the hearing and inform the parties accordingly.
- Upon registration a Certificate of registration will be issued.
- Registration is deemed to have taken place from the date of filing.
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.