Behind the postcard-perfect scenery lies a complex trademark regime split between two distinct jurisdictions: the Republic of Cyprus in the south and the Turkish Republic of Northern Cyprus in the north. For brand owners seeking comprehensive protection across the entire island, navigating this dual system is not just a legal formality—it's a strategic puzzle. In this article, we unravel the unique and often overlooked intricacies of trademark practice in Cyprus, where a single brand may require a double approach to truly stand guard.
Here are the scopes of protection in these two regions:
The Northern Part:
In order to protect a mark in the Northern part of the island, the filings are made before the Patent and Trademark Office (PTO) of the Turkish Republic of Northern Cyprus. This office is independent of the Turkish PTO as well as the PTO in the southern part of the island. Therefore, even though your national registration, IR registration, or EUTM registration covers one of these regions, your mark is not protected in the upper part of the island.
What to do?
An individual application must be filed before the Northern Cyprus PTO, keeping in mind that the practice allows a "single-class" application, and that separate applications must be made for each class for which a protection is sought. The regulation allows the applications as per the NICE classes of 1 to 34, namely only for goods/products and not for services in the current practice. The protection begins with the application, and the renewal periods are every 10 years.
As Northern Cyprus is not a party to Madrid Protocol and neither a member of the EU, only national applications can be made. The applications must be made via a representative recognized by the PTO.
The Southern Part:
In order to protect a mark in the Southern part of the island, a registration must be recognized by the Official Receiver of the Republic of Cyprus, which is independent of the Northern Cyprus PTO.
What to do?
A registration can be sought in three different ways: A national registration can be filed before the Official Receiver of the Republic of Cyprus, an International Registration can be filed that designates Cyprus, or a European Trademark can be filed as Southern Cyprus is a member of the European Union.
Conclusion:
As any trademark protection is sought in the island of Cyprus, a careful consideration must be given to determine the scope of the protection and taking into account that each citizen of both regions has the right to cross the border to one another and reciprocal commercial trade is possible, a registration should be granted to protect a mark properly in the entire island of Cyprus.
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.
