If you, as an individual, or your company, as a legal entity, use a distinctive mark to differentiate your goods or services from those of others, it is advisable to apply for trademark registration. Upon registration, you will acquire exclusive trademark rights, which provide legal protection for your brand. You may apply for either a national or an international trademark.
According to Cypriot intellectual property and trademark legislation, there are various types of trademarks, including:
- Word mark
- Figurative mark
- Position mark
- Pattern mark
- Sound mark
- Motion mark
- Multimedia mark
- Hologram mark
- Certification mark
- Collective mark
- Colour mark
- Three-dimensional mark
There are many benefits to registering a trademark, such as protecting your business's reputation. Cypriot law does not offer the same level of protection for unregistered trademarks. However, you may still pursue legal action for passing off or to claim damages. Nevertheless, we strongly recommend registering your trademark to ensure full legal protection.
Trademark Search
Before applying, you must conduct a search of existing trademarks and trademark applications to avoid conflicts with identical or similar marks. Once the search is complete, you may proceed with submitting your application for registration in the Republic of Cyprus.
Submission of Application
For certain non-traditional national trademarks, a visual representation of the mark is no longer required, provided the mark can be represented in a clear, precise, self-contained, easily accessible, intelligible, durable, and objective manner. This amendment encourages the registration of non-traditional trademarks and aligns intellectual property practices with evolving technological advancements.
Examination of Application
Once the application is submitted, the Intellectual Property Department will, if all requirements are met, inform the applicant of the application number and submission date.
A formal examination is first conducted to verify whether the application satisfies the legal formalities. If these are met, the department will assess whether there are any absolute or relative grounds for refusal of the application or any part of it.
Publication and Objection
If the application is accepted, the decision of the Intellectual Property Department is published in the Official Gazette. A third party may file an opposition to the application within two months of publication. The department will then examine the admissibility of the objection and inform the applicant.
If the objection relates to relative grounds for refusal, an amicable settlement may be pursued. If a settlement is not reached, the objector must provide evidence of the existence, validity, and scope of their earlier trademark, along with supporting documentation. This evidence will be shared with the applicant, who will then have the opportunity to respond.
Validity
A trademark is valid for ten years from the date of registration and may be renewed for additional ten-year periods. The renewal application must be submitted within six months before the expiration date. If the renewal is delayed, the Intellectual Property Department has the authority to remove the trademark. Additionally, a third party may request cancellation of a trademark if it can prove that the trademark has not been genuinely used for five consecutive years.
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.
