Jul 09, 2020 (Newsletter Issue 11/20)Trademark Law AmendedIn Cyprus a new Trademarks Law has been enacted which amends the Trademarks Law (Cap.268). The new Law implements the European Trademarks Directive (Directive (EU) 2015/2436) and was published in the Official Gazette on June 12, 2020. The supplementary Trademarks Regulations were published in the Official Journal on June 16, 2020.
Some of the important changes include:
- Introduction of multi class applications
- New types of trademarks such as movement, holographic, sound, position etc.
- No requirement for power of attorney
- Possibility of dividing a registered trademark
- Additional absolute and relative grounds of refusal
- Extension of opposition period to 3 months
- Cooling off period of 2 months during opposition proceedings
- Applicant's right to request proof of actual use of earlier mark from opponent in opposition proceedings
- Introduction of non-use as defence to opposition and cancellation
- Extension of duration trademark to 10 years
- Replacement of submission of affidavit (under oath) with submission of declaration
- Online publication of trademark applications
For further information, please see the article of our Country Index Partner Koushos Korfiotis Papacharalambous here
Source: Koushos Korfiotis Papacharalambous, Cyprus Aug 22, 2019 (Newsletter Issue 11/19)
Online Services for Trademarks Upgraded
The Cypriot Department of Registrar of Companies and Official Receiver (CY DRCOR), with the support of the EUIPO’s European Cooperation Projects, has upgraded its existing online services for trademarks.
The new e-filing solution for trademarks became available on July 15, 2019, bringing improved e-filing and online services for trademarks to Cypriot users. The project has been carried out with the support of different teams from the EUIPO and DRCOR.
This new version also contains functions which, when released, will be compatible with the regulatory changes brought about by the transposition of EU Directive to approximate the laws of the Member States relating to trade marks (Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015).
Source: www.euipo.europa.eu
May 02, 2016 (Newsletter Issue 8/16)
PoA for E-Filing No Longer Required
The Department of Registrar of Companies and Official Receiver in Cyprus announced that Powers of Attorney will no longer be required for trademark applications which are filed and renewed electronically.
The Registrar also announced that applications filed and renewed electronically will receive a higher priority.
Source: www.agip.com
Sep 02, 2014 (Newsletter Issue 13/14)
New Common Practice on Black & White Trademarks
The Intellectual and Industrial Property Section of the Department of the Registrar of Companies and Official Receiver of the Republic of Cyprus has issued a new practice direction for the purposes of harmonizing the practice of Cyprus regarding black and white or greyscale trademarks with the rest of European Union countries. The new practice direction will apply for all trademark applications filed after 15 July 2014.
Accordingly, trademarks filed in black and white or greyscale are no longer protected in all colours.
The new Practice consists of four parts and determines use of a black and white or greyscale trademark in colour is considered genuine use if the following conditions are met:
1. The colour should not be part of the main element that makes the trademark distinctive.
2. The colour or combination of colours in the trademark is not considered distinctive in itself.
3. The word and figurative elements of the trademark should be the most distinctive elements and should be used in the same way as the black and white or greyscale trademark.
4. The contrast between the shade of the trademark should be respected.
Source: www.agip.com
Mar 12, 2013 (Newsletter Issue 3/13)Official Fees IncreasedThe Registrar of Cyprus annouced that the official fees for patent and trademark work have been increased by an average of 18%. These new official fees are applicable for submissions to the Registrar as of February 4th, 2013.
The new official filing fee for one trade mark in one class is now EUR 50.00. The official filing fee for a certification mark is now EUR 80.00.
Source: Dr. K. Chrysostomides & Co LLC, Cyprus and Vayanos Kostopoulos, Greece Legal basis is the Cyprus Trademarks Law Cap. 268, as amended by the Trademarks (Amendment) Law of 2020. The Cyprus legal system is largely based on the principles of “common law” (see United Kingdom) and European Union Law.
The law is valid for the entire territory of the Republic of Cyprus, but due to the current political situation it is de facto restricted to the free part of the Republic of Cyprus (South part) where the legitimate government exercises its control.
Cyprus is a member of the Madrid Agreement and the Madrid Protocol.
Since May 1st, 2004, Cyprus has also been a member of the European Union.
Trademark protection is obtained by registration although unregistered marks may be protected in appropriate circumstances under the Cyprus Trademarks Law Cap. 268 (as amended by the Trademarks (Amendment) Law of 2020 and under the tort of passing-off (unfair competition).
Nice classification, 12th Edition.
The trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of the good or the packaging of the good, or sounds, provided that such signs are:
(a) Capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings, and
(b) Being represented on the register as specified in the regulations in a manner which enables the authorities of the Republic and the public to determine with clarity and precision the subject matter of the protection that is offered to their proprietor.
The Trademarks (Amendment) Law of 2020 introduced non-traditional trademarks, such as motif, movement, holographic, sound, position and trademarks consisting of colours.
The following trademark types are registrable: trademarks for goods and/or services, collective marks and certification marks.
The application is filed either online or before the Cyprus Trademark Office in hard copy.
An application can include more than one classes (multi class system).
No Power of Attorney is required.
The application process includes an examination on formalities, an examination on absolute grounds and a search for prior trademark rights on the Register (relative grounds). Signs not deemed distinctive in the preliminary examination by the Registrar may still be registered if sufficient evidence of acquired de facto distinctiveness is submitted.
The processing time from first filing to registration is approx. 6 to 9 months.
When a trademark application is accepted by the Registrar, the trademark is published in the “Official Gazette of the Republic” and it isalso published on the website of the Trademarks Office.
National:The opposition period is 3 months from the date of publication of trademark application in the Official Bulletin. The deadline is a strict one and cannot be extended.
If no opposition is filed by any third party during the publication period, then the Registrar proceeds with the issue of the registration certificate.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is initially valid for 10 years. Renewal is possible for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official filing fee for hard copy application for one trademark is EUR 141 for the first class and EUR 102 for each additional class of the same application. The official filing fee for an online application for one trademark is EUR 129 for the first class and EUR 94 for each additional class of the same application.
The official filing fee for hard copy application for a certification/collective trademark is EUR 443 for the first class and EUR 128 for each additional class. The official filing fee for an online application for a certification/collective mark is EUR 415 for the first class and EUR 116 for each additional class.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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