Trademarks Law in Cyprus
Certainly! Here's a comprehensive overview of Trademark Law in Cyprus:
Trademark Law in Cyprus
Legal Framework
Trademark protection in Cyprus is governed by both national and EU laws:
National Legislation:
Trade Marks Law, Cap. 268, as amended.
Administered by the Department of Registrar of Companies and Intellectual Property under the Ministry of Energy, Commerce, and Industry.
EU Legislation (as Cyprus is an EU member):
EU Trade Mark Regulation (EUTMR) — governs European Union Trademarks (EUTMs) which are valid across all EU countries.
Cyprus implements EU Directives related to trademarks.
International Treaties:
Cyprus is a member of the Paris Convention, Madrid Protocol, and TRIPS Agreement.
Cyprus also recognizes WIPO-administered international trademarks.
Key Features
1. What Can Be Registered?
Any sign capable of distinguishing goods or services, including:
Words and names
Logos, letters, numbers
Shapes, colors, sounds (in limited cases)
Combinations of the above
To be registered, the mark must be:
Distinctive
Not descriptive
Not deceptive or contrary to public policy or morality
Not similar to an existing mark for similar goods/services
2. Types of Trademarks
National Trademarks – registered only in Cyprus
European Union Trademarks (EUTMs) – valid across all EU member states
International Trademarks – via the Madrid System, designating Cyprus
3. Registration Process (National Level)
Application filed with the Cyprus IP Department
Formal and substantive examination
Publication in the Cyprus Official Gazette
Opposition period: 2 months from publication
If no opposition, the mark is registered and certificate issued
4. Duration and Renewal
Initial protection: 10 years from the filing date
Renewable indefinitely for 10-year periods
Renewal must be requested before expiration (grace period allowed with surcharge)
5. Rights Conferred
Exclusive right to use the trademark in Cyprus
Right to prevent unauthorized use of identical or confusingly similar marks
Right to license, assign, or enforce the mark
6. Infringement and Enforcement
Trademark owners can seek:
Injunctions
Damages
Destruction or removal of infringing goods
Criminal penalties may apply in cases of counterfeiting
Customs can detain counterfeit goods upon request
EU-wide enforcement possible for EUTMs
7. International Protection
Cyprus is part of several international treaties:
Paris Convention (national treatment, priority right)
Madrid Protocol (international registration via WIPO)
TRIPS Agreement
Nice Agreement (classification of goods/services)
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Trade Marks Law, Cap. 268; EU Trademark Regulation |
| Registration Authority | Cyprus IP Department (Ministry of Commerce) |
| Duration | 10 years, renewable |
| International Systems | EUTM, Madrid Protocol |
| Enforcement | Civil and criminal remedies; customs measures |
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