- Trademark registration in Cyprus
- Trademark registration in the United Arab Emirates
- Trademark registration in the United Kingdom
Cyprus is a renowned jurisdiction for European company formation and is also a client favorite when it comes to trademark registration due to the various tax incentives that the country offers. Although there may be several benefits of registering your trademark on the island it is worth noting that it is quite a difficult and very time-taking procedure in comparison to other jurisdictions. For your convenience, we have outlined some of the major advantages and the general procedures of trademark registration in Cyprus below.
Benefits of Trademark Registration in Cyprus
- Non-traditional characteristics can be registered as trademarks under the Trademarks Law Cap. 268.
- The Cyprus Trust Law allows for foreign individuals and non-resident companies to apply for local trademark registration.
- The recently amended Trademark Laws of Cyprus now allows applicants to file a single application with the addition of more than one class.
- The 'E-filing' system ensures a faster rate of processed applications as against the hardcopy filing in most jurisdictions. Online applications also decrease the chance of errors and file displacements that come with paper filing.
- 10 years validity period before expiration, with a possibility of extension every 10 years.
- The Republic of Cyprus is a member of the Paris Convention for the Protection of Industrial Property, the Madrid Agreement for the International Registration of Marks, the Convention Establishing the World Intellectual Property Organization (WIPO), the Trademark Law Treaty and the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Treaty. Thus, a trademark can be registered nationally, in the European Union and internationally.
- In Cyprus, registered trademarks can be 'pledged' as security for a debt.
To register a trademark in Cyprus a relevant application needs to be filed to the Intellectual and Industrial Property Section of the Registrar of Companies and Official Receiver. To carry out the registration, there are a number of procedures that need conducted, as follows:
- First, carry out an optional but highly recommended search at the Registry and/or request a service called the preliminary opinion from the Registrar. The first is needed to verify that there is no similar trademark already in use and the second to make sure that the trademark, its name, logo and context is in line with required conditions for registration. These can be done simultaneously and can roughly take three weeks to conclude. Furthermore, in order to avoid future delays, it is highly advisable for the applicant to conclude a personal search on an international level for any possible similarities or conflicts of interest and make sure that the application is in line with the local requirements.
- Then, an application consisting of three forms is filed to the Registrar of Companies and Official Receiver together with all the supporting documentation evidencing proprietorship of the trademark to be registered.
- It will then take the Registry approximately 2 months to review the application and ensure that it is in conformity with the legislative and regulatory framework. Please note, that at any stage the Registrar may request additional information, amendments to the application or decline it entirely. In the case or refusal, a written reason will be provided by the Registrar which can then be appealed in Court.
- Upon preliminary approval of the application, the Registrar will send a notification to the applicant to pay an advertisement fee for the publishment of the trademark details in the Government’s Official Gazette. This publication will need to remain published for a period of 3 months in order to obtain any possible objections from the general public.
- If there is no opposition to the registration, then the Registrar will proceed with the registration of the trademark and issue a registration certificate alongside a copy of the trademark.
As mentioned above, the entire trademark registration process in Cyprus is quite time taking and can usually take about six to seven months to complete, provided that there are no oppositions or additional requests from the Registrar which can further extend the registration period.
We would also like to point out, that trademarks can also be registered beyond the scope of the Republic of Cyprus. For a trademark to be legally binding and safeguarded across the European Union it must be registered as an EU Trademark through the European Union Intellectual Property Organization (EUIPO) on the foundation of EU Directive 2015/2436 and Regulation 2017/1001. As such, it shall have its own legal standing while simultaneously co-existing with the nationally registered trademark. Alternatively, if you wish for your trademark to be legally valid and protected on a global level, this can be done by registering an International Trademark via the World Intellectual Property Organization (WIPO) on the basis of the Madrid Protocol.
The process of trademark registration can be quite a complicated and stressful endeavor, more so, in Cyprus the application, publishment and the process in general must be done in Greek language and through a licensed lawyer. Our legal team has extensive experience with trademark registration on a global level and can not only undergo the registration process on your behalf but can also provide invaluable advice on its holding structure, enhanced protection and possible expansion opportunities for your brand and business. Contact us today, for a more detailed consultation.
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