The main features of the new trademark framework are outlined below:

What is a “trademark”: Definition of “trademark” has been revised to include words, images, colours, sounds, product shapes, product packaging, audio-visual, movement, position, holographic, patterns, and 3D marks. An applicant has also the option to define another type of a mark, which is not included in the said list and may be considered to be a non-conventional mark (e.g., fragrance and other smell marks, taste marks, texture marks and trade dress).

Revised procedures: Procedures for the filing, examination, approval, registration and transfer of trademarks have been revised and simplified, adding to the efficiency and effectiveness of the revised legal framework.

Multi-class applications: A multi-class application procedure has been introduced to enable applicants to pursue trademark protection across a variety of classes as per the international classification of goods and services of the Nice Agreement (1957) in a single application.

Series trademarks: Registration of parts of trademarks and of trademarks as a series is no longer available under the revised legal framework; applicants must file separate applications for each trademark respectively.

Power of Attorney (PoA): The requirement for a PoA is no longer applicable under the revised legal framework. Get in touch with us if you are interested in appointing a lawyer to duly handle the TM registration process on your behalf.

Preliminary opinion: Applicants who intend to file a trademark registration application may request a preliminary opinion by the Registrar of Companies and Official Receiver on whether the trademark is unacceptable and consequently non-registrable.

Opposition period: Period within which parties may object to the registration of a trademark has been extended to 3 months from the publication of the decision.

“cooling off” period: A period of 2 months, which may be extended up to 6 months, has been introduced to encourage the amicable dispute settlement between the applicant and the party/parties objecting to the registration.

Extended protection period & renewal: TM protection has increased from 7 to 10 years starting from the date of submitting the TM registration application and may be extended for further consecutive 10-year periods.

Trademark priority: Applicants that have submitted a trademark registration application in Cyprus, or in other Contracting States to the Madrid Convention or its Protocol, or the Final Act of the Uruguay Round, have a priority over other application(s) for the registration of an identical trademark submitted in Cyprus. Trademark priority is mostly claimed by larger corporations that register their trademark(s) across several jurisdictions.

Non-use defence: Non-use has been introduced into the revised legal framework as a defence in trademark opposition and trademark cancellation proceedings.

Fees: Fees relating to the trademark registration process have been consolidated – the registration fee payable covers the entire registration process, including the filing and publication of the application and the final registration of the trademark in the Trademarks Register.

Did you know?

The Global Innovation Index 2020 Report ranks Cyprus among the top economies mentioned in the Report. In particular, Cyprus ranks 2nd among the 19 economies in Northern Africa and Western Asia, 28thamong the 49 high-income group economies, and 29th among the 131 economies featured in the Report. Click here for our article summarising the key findings of the Report and for more information on Cyprus’ rankings.