Cyprus (CY)
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
Mai 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
Mrz 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). 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 tort of passing-off (unfair competition).
Nice classification, 11th Edition.
Any sign capable of being reproduced graphically (particularly in words, including personal names, designs, letters, numbers, the shape of products or of their packaging or any combination of these), that is capable by itself of distinguishing the goods or services of one undertaking from those of other undertakings, provided that this sign is used or will be used for the purposes of such distinction (section 2(1) of Cap.268), can be registered as a Trademark.
The following trademark types are registrable: trade marks and service marks, collective marks and certification marks.
The application is filed either online or before the Cyprus Trademark Office in hard copy.
Separate applications are necessary for each class (single class system).
Applicants need a local representative in order to file a trademark application.
Power of Attorney is only required for the applications that are field before the Cyprus Trademark Office in hard copy. The power of attorney for the local representative must be signed by the applicant.
No Power of Attorney is required for trademark applications filed and renewed electronically.
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”.
National:The opposition period is 2 months from the date of publication of the trademark in the Official Gazette. 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, upon payment of the relevant fees.
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 7 years. Renewal is possible for periods of 14 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 one trade mark in one class is EUR 50 and each additional class EUR 50. The official filing fee for a certification mark is EUR 80. The official fee for publication per class is EUR 50 and for Registration per class is EUR 50.
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Practical details on trademark licensing are available in our publication
here.
Okt 23, 2019
Koushos Korfiotis Papacharalambous L.L.C., Nicosia, Cyprus
Mrz 27, 2017
Dr. K. Chrysostomides & Co. LLC, Nicosia, Cyprus
Sep 21, 2015
Dr. K. Chrysostomides & Co. LLC, Nicosia, Cyprus
Aug 26, 2014
Dr. K. Chrysostomides & Co. LLC, Nicosia, Cyprus
Feb 22, 2013
Dr. K. Chrysostomides & Co. LLC, Nicosia, Cyprus
Jan 19, 2012
Markides, Markides & Co., Nicosia, Cyprus
Jan 02, 2012
Dr. K. Chrysostomides & Co. LLC, Nicosia, Cyprus