Intellectual Property Law

Cyprus Trademark Law and Registration Process

By IBLS Editor

 Some offshore centres are currently the hosting jurisdiction of e-commerce businesses. For this reason, in addition to competent telecommunication infrastructure, proper tax regimes, established banking services, among others; adequate intellectual property laws like trademarks are essential for e-commerce businesses.  Cyprus is an island in the Mediterranean and former British colony.  Its official languages are Greek and Turkish and its currency is the Euro. Cyprus has a population of 788,457 inhabitants and a GDP (PPP) of 24,497 billion.  Cyprus trademark law is cited as "Trade Mark Law of Cyprus."  This article introduces this key legislation to the reader and provides information on how to register a trademark according the Cyprus Trade Mark Law.

Definition

The Trade Mark Law of Cyprus defines trademark as: "a mark used or proposed to be used in relation to goods or services for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods or services and some person having the right either as proprietors or as registered user to use the mark, whether with or without any indication of the identity of that person."  On 2002, Cyprus amended its Trade Mark Law and recognized collective trademarks. 

Registration Process

To register a trademark in Cyprus, the applicant has to submit the following documents to the Office of the Registrar in Cyprus: (i) the application; (ii) the power of attorney; and (iii) a printing block and 10 prints of the trademark.  The application requires the name, address and nationality of the applicant. Information must be translated to Greek and include certificate of translation.  Application for registration of trademarks in Cyprus can be requested for goods and services or classes of goods or services according to Cyprus trademark law.    

The Register is public and therefore open to inspection by the public.  The record contains the name of the trademark registered; name, address and description of the owners; notifications of assignments and transmissions; names of registered users, addresses and descriptions; disclaimers, conditions, limitations and any other matter related to the trademark.

According to Cyprus law, no person is entitled to commence proceedings to prevent the use of a trademark or recover damages for infringement of an unregistered trademark.  Thus, registration provides the benefit of legal remedies under Cyprus laws.

Registration of a trademark in Cyprus confers its owner the right to use that mark in connection to the goods or services to which it relates.  Registration of a trademark will be granted for an initial period of 7 years and subsequent renewals of 14 years.  The owner of a registered trademark must renew its registration within three months before the expiration of the initial registration.  The government authorizes oppositions to the registration within two months from the time of the publication of the registration application.  Thus, any registrant has to wait over 2 months before obtaining any certification of registration.

Cyprus recognizes the right to assign and transmit trademarks notwithstanding any rule to the contrary.  Assignments or transmissions may occur in connection with the transfer of a company's goodwill or part thereof.  The law requires that the transfer or assignment of trademark be related to the good and services for which they are registered.  The Trade Mark Law establishes a special process to register assigned or transmitted trademarks.    

Full post as published by IBLS Internet Law Blog on February 24, 2008 (boomark / email).