Qualified and experienced lawyers of AGP will help you successfully and timely register your trademark in Cyprus.
Herein we intent to give you a quick guidance as to the process for a successful registration of a trademark in Cyprus.
Step 1 – Application for Registration
An Application is submitted only by a Cyprus practicing lawyer on behalf of any natural person or a corporation.
The application must be submitted together with:
- An Authorisation of Agent form signed by the client authorising the lawyer to act on his behalf.
- Forms ES1, ES2, ES3.
- Details of the applicant’s name, address, nationality (and nature of business in case the applicant is a corporation)
- A clear reproduction and or description of the goods (or services) to be covered by the application including colours, forms and bi- or tri- dimensional figures and the required class to be registered
- Certified document by the relevant authority to confirm priority right if available, under the Paris Convention with certified translation in Greek
Step 2 – Registration
The Cyprus Registrar will thereafter appoint a filing date, issue a registration number to the trademark and conduct a search in order to establish its registrability. Upon completion of the aforementioned procedure, the Registrar of Trademarks in Cyprus will either accept the proposed Trade Mark with conditions or without conditions or reject it.
If accepted with conditions, then the applicant may as of right request in writing the reasoning behind the Registrar’s decision and have a right to be heard before the Registrar with his/her Lawyer against such imposition by setting out the respective reasons.
If the Registrar accepts the trademark unconditionally or the applicant accepts the conditions imposed by the Registrar then the trademark is published to the Official Gazette issued by the Republic of Cyprus provided payment of the relevant publication fee has been completed. The Certificate of Registration is thereafter issued.
Please note that Trademarks lacking distinctive character may be rejected
If the Registrar rejects the application, the applicant can object by a lawyer firstly by submitting evidence in the form of an Affidavit to the Registrar in order to prove that the mark is in fact distinctive and secondly by requesting for judicial review under Article 146 of the Constitution.
Duration of a successful trademark registration in Cyprus
A successful trademark’s protection begins from the date of application and not the date of its eventual registration.
Successful trademarks are registered for an initial period of 7 years, and may be renewed every 14 years in order to remain valid. Failure to renew a trademark will result in its removal from the Cyprus trademark register.
Protection against infringement of Trademark
Infringement can be restrained. Failure or refusal to stop infringement gives the right to the registered owner to bring an action for injunction and damages. The Court may further request submission of accounts evidencing any profits made by the infringing party by reason of the infringement. The registered owner does not have to prove actual damage apart from showing that the trademark is being used without authority.
Assignment of a Trademark
A registered trademark can be assigned under the law and a recorded assignment is effective against third parties.