Trademark registration in Cyprus

A trademark is a valuable corporate intellectual property asset. Based on it, buyers can distinguish goods or services from different suppliers. In Cyprus, individuals and companies, including foreign ones, can apply for trademark registration.

What is a trademark in terms of Cypriot law?

In Cyprus, the central normative regulators of trademark registration are the Trademark Law, amended in 2006, and the Control of the Movement of Goods Infringing Intellectual Property Rights Law of 2018.

Cypriot law defines a trademark as a mark that can be replicated in various ways. For example, the following elements are used for its creation:

• names of people;
• letters;
• digits;
• the form of a package or product;
• geometric or mathematical symbols.

A trademark can be a single form or a combination of symbols. Its primary purpose is to represent a product or service. A trademark is a valuable commercial asset that can be transferred, sold, or assigned to a new owner.

A trademark does not protect the appearance of a product or invention. For this purpose, other forms of copyright exist, such as industrial design and patent rights.

A trademark is protected exclusively within the jurisdiction in which it was registered. Therefore, additional procedures are required if you register a trademark outside Cyprus.

Types of trademarks

There are 11 types of trademarks:

• Word Mark: contains words, letters, or digits in a standard font in the form of a layout without typographic or coloured elements. For example, the trademarks of "Phillips" or "Sony".
• Figurative: contains non-standard symbols, stylistic font or layout, graphic elements, or colour. These marks can consist solely of visual/graphic elements or represent a combination of verbal and graphic symbols. For example, the trademark of "Lacoste".
• Shape Mark (or 3D Mark): a three-dimensional object, which usually represents the shape, container, or packaging of the product. For example, a signature bottle of Coca-Cola is a trademark.
• Positional: characterised by a particular way of placing the mark on the product.
• Pattern: consists solely of a set of elements that repeat regularly.
• Colour: consists of a specific colour shade or colour combination.
• Audio: consists of sounds or their combinations. For example, a signature ringtone of Nokia phones.
• Audiovisual: consists of a combination of picture and sound.
• Holographic: a trademark in a stereoscopic video.
• Certified seal: distinguishes goods or services certified by a trademark owner based on materials, manufacturing processes, quality, accuracy, or other characteristics.
• Collaborative: refers to goods or services produced by an association of individuals or companies that share common features.

How to register a trademark in Cyprus?

To register a trademark in Cyprus, an application (Form ES 02) with a mark description, a graphic representation, and the required fee is submitted to the Department of Registrar of Companies and Intellectual Property (DRCOR). A Cypriot lawyer usually handles this.

The Registrar examines the application for compliance and uniqueness before potential registration.

Step-by-step procedure

Step 1. Submission of the application and payment

Once you are confident that your trademark meets all the requirements and is unique, you can apply to the Registrar by filling out Form ES 02 via electronic form, by postal delivery, or in person. Submission via email is not permitted.

The application must be accompanied by:

• a description of the mark and the product it will represent;
• graphic representation of the trademark;
• proof of payment of the registration fee;
• Power of attorney when applying through a proxy.

If you have applied for the same trademark in another country that is a signatory to the Paris Convention (or a member of the WTO) within the last 6 months, you can claim "Priority" in your Cyprus application.

By claiming priority, your Cyprus application will be treated as if it were filed on the same date as your initial foreign application.

This is essential for protecting your rights against others who may have applied for a similar mark in Cyprus during that 6-month interval. You must provide the priority date and country number in Form ES 02.

Step 2. Examination of the application

The application is checked for compliance with the legal requirements for information, data, and documents in a formal examination. In case of a violation, the applicant has 2 months to revise the application. If the revision deadline is missed, the application is cancelled.

After that, the Department proceeds to the substantive examination of the application. At this stage, the trademark is checked for absolute grounds for refusal of registration. For example, such a reason can be the lack of unique characteristics or similarities with already registered trademarks.

Step 3. Hearing in case of conflict

If the examination shows that the application contains one or more reasons for rejection, you have up to 2 months to:

• withdraw your application;
• limit the degree of trademark protection;
• submit comments on the Registrar's objections via electronic form, in person, or by mail.

The Registrar will review your comments or other actions and decide whether to accept or reject your application. You can appeal the experts' decision to the Administrative Court.

Step 4. Publication and opposition period

When the Department is satisfied that the application meets all criteria and there are no absolute grounds for refusal, the trademark is accepted and published in the Official Gazette of the Republic.

Following publication, there is a statutory 3-month period during which any third party may file an objection (opposition) to the registration of your trademark. Oppositions are usually based on the claim that the new mark is identical or confusingly similar to an existing earlier trademark.

Step 5. Registration

If no oppositions are filed within the 3 months – or if an opposition is filed but resolved in your favour – the Registrar proceeds to issue the Certificate of Registration.

Trademarks in Cyprus are valid for ten years from the initial registration date and can be renewed for 10 years after the first 10 years.

How long does the trademark registration process take in Cyprus?

While timelines depend on the workload of the Department of Registrar of Companies and Intellectual Property (DRCOR), the general timeline for a straightforward application is as follows:

• Examination phase: Approximately 6 to 9 months from the date of filing.
• Publication phase: Once accepted, the mark is published in the Official Gazette of the Republic with a strict 3-month opposition period.
• Registration certificate: If no third-party oppositions are filed within the 3-month window, the registration certificate is typically issued within 1–2 months thereafter.

Total estimated processing time: 10–12 months, assuming no objections or oppositions.

How much does it cost to register a trademark in Cyprus?

The cost to register a trademark in Cyprus varies. For electronic applications, the basic fee is €129, with an added €94 for each extra class of goods or services. Certification or collective trademarks have higher fees, starting from €415 for electronic submission, plus class additions.

Here are the details of the registration fees.

Type of registration fee	Application in person or by mail	Via an electronic form
Standard trademark (basic fee)	€141	€129
Standard trademark (each additional class)	€102	€94
Collective/Certification Mark (basic fee)	€443	€415
Collective/Certification Mark (each additional class)	€128	€116

Upon receipt of your application, the DRCOR must verify that the registration conditions have been met. Once that is confirmed, you will receive the registration number.

Reasons for the refusal of trademark registration

Cypriot law provides for absolute and corresponding reasons for the denial of registration.

The absolute ones include:

• a trademark contains an indication of the type, quality, quantity, destination, cost, geographical origin or time of production of goods or provision of services;
• a trademark has become common in colloquial or established trading practices;
• a mark consists exclusively of the shape of the product;
• a mark is contrary to public policy or moral values;
• a trademark may mislead the public regarding the nature, quality, or geographic origin of a product or service;
• a mark contains a crest, flag, or other emblems of the countries of the European Union without the permission of the competent authorities or a symbol, emblem, crest, or mark of religious significance;
• a mark is contrary to the legislation on the protection of designations of origin and geographical indications, traditional wine terms, and guaranteed traditional unique products;
• an application for registration was filed by an applicant in bad faith.

The corresponding reasons relate to cases where a trademark corresponds to an already registered trademark or has similar features. This implies that it can mislead potential buyers.

How to search for trademarks in Cyprus?

To search for a registered trademark in Cyprus, you can use the following national and international registries.

Cyprus (national level)

• The Register of National Trademarks is an electronic archive of registered national trademarks in Cyprus.
• Official Gazette of the Republic (search tool): Use this dedicated tool to search for new trademark publications. This is the official check required to monitor for conflicts during the 3-month opposition period.
• Preliminary opinion from the Cyprus Registrar of Companies, Intellectual Property Section. This way, you receive an initial opinion about registering your trademark. You need to file an E.S. 01 form and pay a fee of €99 for the first class (plus €77 for each additional class).

European Union

• TMview is the official register of the European Union Intellectual Property Office.
• eSearch Plus is a European trademark register.

International (global)

• The International Trademark Registry is a database of the World Intellectual Property Organisation.
• WIPO Madrid Monitor is a register of trademarks registered in the Madrid Registry System.