Trademarks Law in Northern Cyprus

Here is a detailed overview of trademark law in Northern Cyprus (Turkish Republic of Northern Cyprus – TRNC):

🇹🇷 Trademark Law in Northern Cyprus (Turkish Republic of Northern Cyprus)

🔹 Legal and Political Context

Northern Cyprus is a self-declared state, recognized only by Turkey.

It is not a member of the European Union, WIPO, or WTO, and international treaties like the Madrid Protocol or Paris Convention do not apply.

Trademark protection is available under local TRNC law, independent from the Republic of Cyprus (EU member).

🔹 Governing Law

Trademark protection is governed by the Trademark and Patent Law (Cap. 268) and amendments based on British colonial law, adapted for TRNC use.

Administered by the Registrar of Trademarks under the TRNC Ministry of Economy and Energy.

🔹 What Can Be Registered?

Any distinctive sign that identifies goods or services, including:

Words, logos, symbols, colors, letters

2D or 3D shapes, packaging

Certain non-traditional marks (if representable)

🔹 Registration Process

Application: Filed at the TRNC Registrar of Trademarks.

Examination: Formal and substantive check for distinctiveness and conflicts.

Publication: Notice in the TRNC Official Gazette; opposition allowed for a set period (usually 3 months).

Registration: If no opposition or opposition is overcome, the mark is registered and certificate issued.

🔹 Duration and Renewal

Registration is valid for 7 years from the date of filing.

Renewable for 14-year periods indefinitely upon payment of renewal fees.

🔹 Rights Granted

Exclusive rights to use the trademark in Northern Cyprus.

Ability to stop others from using confusingly similar marks.

Rights to license or assign the mark.

🔹 Use Requirement and Cancellation

Non-use for 5 consecutive years may lead to cancellation if challenged.

Proof of genuine use is required to defend against cancellation.

🔹 Enforcement

Enforced through TRNC civil courts.

Legal remedies include:

Injunctions

Damages

Seizure or destruction of infringing goods

🔹 International Protection

TRNC is not party to international trademark systems.

International or EU trademarks do not extend to Northern Cyprus.

To protect a trademark in Northern Cyprus, local registration is required.

Summary Table

AspectDetails
Governing lawTrademark and Patent Law (Cap. 268)
AuthorityRegistrar of Trademarks (TRNC Ministry of Economy)
Duration7 years (initial), renewable for 14 years
RegistrationRequired for protection
Use requirement5 years non-use = risk of cancellation
EnforcementTRNC courts
International treatiesNot applicable

✅ Key Takeaway

To protect a trademark in Northern Cyprus, a local registration with TRNC authorities is required, as no international system (e.g., Madrid Protocol or EUIPO) applies.

 

LEAVE A COMMENT

0 comments