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, both individuals and companies, including foreign ones, can apply for trademark registration.

What is a trademark in terms of Cypriot law?

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

Cypriot law defines a trademark as a mark that can be replicated in a variety of 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. The main purpose of a trademark 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 either the appearance of a product or invention. For this purpose, there are other forms of copyright, for example, an industrial design or a patent.

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

Types of trademarks

There are 11 enacted types of trademarks:

• Verbal: contains words, letters, or digits in a standard font in the form of a layout without typographic or colored elements. For example, the trademarks of "Phillips" or "Sony".
• Illustrative: contains non-standard symbols, stylistic font or layout, graphic elements, or color. These marks can consist solely of visual/graphic elements or represent a combination of verbal and graphic symbols. For example, the trademark of "Lacoste".
• Volumetric: 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: characterized by a certain way of placing the mark on the product.
• Pattern: consists solely of a set of elements that repeat regularly.
• Color: consists of a specific color shade or color 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 stereo image video.
• Certified seal: allows distinguishing between goods or services certified by a trademark owner in terms of materials, the way the products or services are manufactured, quality, accuracy, or other characteristics.
• Collaborative: refers to goods or services produced by an association of individuals or companies and share common features.

How to check which trademarks are no longer available

Before registering a trademark in Cyprus, you need to make sure that it is unique. To do this, you can use national and international registries.

The Register of National Trademarks is an electronic archive of registered national trademarks in the Republic of Cyprus.

TMview is the official register of the European Union Intellectual Property Office.

eSearch Plus is a European trademark register.

The International Trademark Registry is a database of the World Intellectual Property Organization.

WIPO Madrid Monitor is a register of trademarks registered in the Madrid Registry System.

Official Gazette of the Republic of Cyprus: search for publications in the section of intellectual and industrial property.

How to register a trademark in Cyprus

Submission of the application and payment

Once you are certain that your trademark meets all the requirements and it is unique, you can apply to the Intellectual and Industrial Property Office by filling out the Form ES 02 via electronic form, by mail, or in person.

The application must be accompanied by:

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

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

Upon receipt of your application, the Intellectual and Industrial Property Office must verify that the registration conditions have been met; after that, you will get the registration number.

Examination of the application

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

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

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 Division's objections via electronic form, in person, or by mail.

The Sector will review your comments or other actions and decide on the acceptance or rejection of your application. You can appeal the experts' decision to the Administrative Court.

Final decision

As soon as the Division is satisfied that all conditions are met, it proceeds to register the application and publish it in the Official Gazette of the Cyprus Republic. If you detect obvious errors in the publication of your trademark application, you can request a correction. No fee is charged for such requests.

Trademarks in Cyprus are valid for seven years from the date of initial registration and can be renewed for 14 years after the first 7 years.

Reasons for the refusal of registration

Cypriot law provides for absolute and corresponding reasons for 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 practice;
• 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, guaranteed traditional special 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 with it. This implies that it can mislead potential buyers.