The current trademark regulations in Cyprus are mainly based on the Trademark Law promulgated in 2020. The Companies Registry and Bankruptcy Administration of the Ministry of Energy, Commerce and Industry are responsible for managing trademark affairs, and the official language is Greek. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Cyprus follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Cyprus is a party to international intellectual property treaties such as the TRIPS Agreement, the Nairobi Treaty, the Paris Convention, the Nice Agreement, and the Convention Establishing the World Intellectual Property Organization. It is also a member of the Madrid Agreement and the Madrid Protocol, and is also a member of the European Union. Therefore, trademark registration can be processed through "single country registration," "EU registration," or "Madrid International Registration.
At present, Cyprus adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Cyprus include: text, names, letters, numbers, graphics, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Cyprus must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Cyprus is: application - examination - announcement - approval and issuance of certificates. The application will be accepted approximately 3 months after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; If the substantive examination is passed, an announcement will be arranged.
Three months from the date of announcement is the objection period. Any interested party may raise objections to the registration of the trademark with the Companies Registry and the Bankruptcy Administration of the Ministry of Energy, Commerce and Industry. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not established during the announcement period, the trademark can be approved for registration and a registration certificate can be issued. In a smooth situation, trademark registration in Cyprus takes about 3 years; If things don't go smoothly and there are rejections or objections along the way, the time will be greatly extended.
The Cyprus trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date; The renewal is valid for 10 years.
After trademark registration, an application for revocation can generally be filed in accordance with the provisions of the Cyprus Trademark Law.
The main reasons for revocation are:
1. The trademark applicant registered the trademark in bad faith;
2. Without justifiable reasons, the trademark has not been actually used on the goods or services specified at the time of registration for five consecutive years;
3. Become the common name for the product or service in business.