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Trademark in Cyprus

The person or business who first uses a trademark in Cyprus is given ownership of the mark. Although registration is not required, it is strongly advised in practice to show that a mark is clearly owned, to avoid any potential ownership disputes in the future, and to protect against trademark infringement claims.

Overview

One can register a trademark in Cyprus either locally through the Department of Registrar of Companies and Official Receiver of the Republic of Cyprus (D.R.C.O.R.), or regionally by submitting a European Union Trademarks (EUTM), which offers protection throughout the entire European Union.

Cyprus is a signatory to the Madrid Protocol as well. As a result, this nation is able to extend an international trademark registration under the Madrid System. A trademark does not have to be in use in Cyprus in order to register. However, earlier usage could be helpful since it might show that the trademark has acquired distinction, which can help counter an argument that it lacks distinctiveness.

If you register a combination trademark in Cyprus (one that combines both word and figurative features), you are only granted the exclusive right to use it in the same way that you submitted and registered it. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).

However, you will have the right to oppose the application on the grounds of confusing similarity if a third party subsequently wants to register or use a trademark for comparable goods or services that includes a primary or separate component or portion of your trademark.

After a trademark application has been published in the Official Gazette for two (2) months, third parties may launch trademark opposition actions against the application. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's success.

Despite the fact that prior use of the trademark is not required in order for it to register, it must be put to use within five (5) years of the application's filing date in order to avoid being subject to cancellation actions for lack of use.

The initial validity of a registered trademark in Cyprus is seven (7) years from the application date. It can then be extended for a further fourteen (14) years in a row. Within three (3) months after the expiration date, a trademark renewal request may be made.

Law Cap. 268 (as amended by Laws 63/1962, 69/1971, 206/1990, and 176(I)/2000) governs trademarks and service marks in Cyprus and provides protection in conjunction with the rules of the World Intellectual Property Organization and the International Convention of Paris for the Protection of Industrial Property (WIPO). The Madrid Agreement (1891) and Madrid Protocol (1989) regarding the international registration of trademarks, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and EU directives and legislation all apply to trademarks in Cyprus.

Trademarks with non-Cypriot owners are also given protection in Cyprus, in addition to trademarks with Cypriot owners. As a result, there is no distinction between trademarks with a Cyprus base and those with a base in another nation. The Office of the Registrar of Companies and Official Receiver is crucial for the registration and protection of trademarks in Cyprus (the Registrar).

  • Logos, words, names, symbols, numbers, designs, sounds and fragrances, images, colours, the shape of objects, or a combination of many of these components can all be used as trademarks.
  • The trademark must meet at least the following requirements in order to be registrable:
    • It needs to be unique,
    • Not identical to any other trademarks, especially those in the same class that are already registered or whose applications are being examined, and
    • It can't fool or confuse the general public.

Charges

  • Government fees US$350 is charged for every application.
  • There is a $100 cost for each subsequent lesson.
  • Support for Offshore Company Corp's registration- $499 USD.

Procedure

Pre-application procedure

  • Before submitting an application, it is preferable to do a preliminary legal search of the trademark records preserved in Cyprus by the relevant department of the Registrar. The search is carried out to see if there are any marks that are different, almost identical, or exactly identical to the one for which the application will be made, whether they belong to the same class or to a different class.
  • The International Trademark Classification system established by the Nice Agreement is used for trademark classification.
  • Application for a Cyprus trademark registration
  • In order to submit a written application to the Registrar, a person who intends to become the registered owner of a trademark that they are currently using or plan to use must give authority to a lawyer admitted to practice in Cyprus. The application submitted to the Registrar must be in Greek and include all pertinent information about the applicant, the trademark's name and/or image, the type of register (A or B) to which the trademark belongs, and the relevant class. It must also be accompanied by a power of advocate signed by the applicant giving the lawyer permission to submit the application.
  • The Registrar will review the application after submission to determine whether the mark satisfies the necessary legal requirements for distinctiveness, etc., in order to be eligible for registration.
  • The Registrar has the discretion to accept a trademark as is, accept a registration with restrictions, or reject an application.
  • Any decision made by the Registrar will be communicated to the Applicant, who will then have the chance to request in writing through his advocate the Registrar's justification for the decision and to submit an objection if he is dissatisfied with it.
  • The trademark will be published in the Official Gazette of the Republic of Cyprus for the public to observe and submit any objections to the Registrar, if any, given that any objections must be submitted within a specific time frame from the date of publicity in order to be taken into account and the applicant will have the right to respond to the objections, depending on whether the Registrar accepts the trademark unconditionally or if the applicant accepts the trademark conditionally.
  • The Registrar issues the pertinent Certificate of Registration following the trademark's approval for registration, assuming any barriers, as indicated above, have been surmounted. As a result, the trademark owner is granted the only right of use.
  • Registration and renewal
    A trademark's Certificate of Registration is valid for 7 years after the application is filed, and after the first renewal, it is renewed every 14 years.

FAQ

What are the main business categories in Cyprus?

  • Limited Company (LTD)- Number of shareholders may range from one to fifty; no minimum share capital required. At least one director and a secretary are required for the corporation. Annual accounts must be filled out in either Greek or English and must be audited.
  • Branch- Foreign branch companies that are liable for the debts of a Cypriot branch are required to register with the CY Tax department and Registrar of Companies and submit yearly reports, in either Greek or English
  • Partnership- At least one partner with unlimited responsibility must register with the Registrar of Companies and the Cyprus tax department. General partnership: two to twenty members.

  • What functions do Cyprus firms serve?
    A company with a Cyprus registration may be employed in a number of ways to help with business operations. Corporations with Cyprus registrations may engage in any of the following business types-
  • Imports and exports;
  • Service providers;
  • Online retailers;
  • Tech start-ups;
  • Financial institutions;
  • Merchant shipping;
  • Property holdings;
  • Holding companies; and
  • Intellectual property holding.
How long does it take in Cyprus to establish a company?
Getting your company registered in Cyprus takes 8 working days.
Day 1- Request for approval of the company name made to the Registrar of Companies.
Day 3- The officials approved the name. Completion of the memorandum and online submission for approval to the Registrar of Companies.
Day 7- Official company paperwork is released. Authentication of the company memorandum and articles of association, Certificates of Registration, Certificates of the Board of Directors and Secretary, Certificates of Shareholders and Office Address.
Finally, the application for a Tax Identification Number is sent to the Tax Department. additionally, the application for creating a bank account in Cyprus.

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