Trademark Registration
 

 

The law firm DEMETRIOU & DEMETRIOU L.L.C. provides trademark registration services in Cyprus, the European Union and internationally.

This particular area of law has recently been evolved to offer full protection to trademarks in a large number of countries to accommodate the expansion of business activities of many domestic companies in different countries of the European Union and internationally.

Registration of trademarks in Cyprus takes place in accordance with the Law Cap. 268 and the International Paris Convention for the Protection of Industrial Property, the Madrid Agreement and Protocol, and the Regulations of the World Intellectual Property Organization (WIPO).

In the European Union the relevant Regulations and Directives governing trademark registration are: Directive 2008/95 / EC and the EC Regulations 207/2009, 2868/95 and 2869/95.

What is a trademark

A trademark may consist of names, words, logos, symbols, numbers, drawings, images, goods shapes, colors, sounds and smells or a combination of several of these elements generate a signal and must be able to reproduce graphics.

The main purpose of a trademark is to be able to distinguish the goods and/or services of one undertaking from those of another.

Registering Trademarks in Cyprus

For the registration of a trademark a registered lawyer who practices law in Cyprus is required, who first makes an inquiry to the Trademark Department to check the registration of other, similar or identical signals in the same category/class.

When the trademark seems to qualify for registration, an application is submitted by the lawyer to the Registrar of Trademarks. The application shall include all necessary details, such as: name, address and occupation of the applicant, the name and/or image (graphic representation) of the signal and an authorization request, signed by the applicant, which entitles the lawyer to register the application (proxy).

If the trademark is registered, it provides the trademark owner the exclusive right to use the trademark. Note that the right to sue for trademark infringement is only enjoyed by owners of registered trademarks and not owners of unregistered trademarks regardless of the years of use.

Furthermore, the success of the application depends on meeting the criteria applied and satisfying the conditions to allow the Registrar to register the trademark. Specifically, the main criteria are as follows:

(a) The trademark must be distinctive / special,

(b) The trademark must not resemble already registered trademarks, mainly under the same category

(c) The appearance of the trademark is not such as to be likely to deceive the public.

Where the application for registration is accepted, it shall be published in the Official Gazette of the Republic with the right of objection by third parties within a defined period of 2 months.

The trademark registration certificate is valid for a period of 7 years from the date of application for registration and following the first renewal becomes renewable every 14 years.

International Trademarks

Cyprus is a member of the Madrid Agreement and the Madrid Protocol implies that anyone who has registered a trademark in Cyprus, can apply for registration in all the Madrid Agreement Member States (over 60 members) through the Trademark Department.

Community Trademarks

If you do business in more than one country of the European Union, the Community trade mark offers protection across the EU. The Community trade mark is registered in the Internal Market Harmonization Office (Office for Harmonization in the Internal Market (OHIM) and once registered, it offers protection to the owner in all EU Member States.

There are two issues that arise from the definition of the trademark which must be taken into account before the creation and registration of the trademark:

(a) The trademark must be reproduced graphically and

(b) The trade mark must be capable of distinguishing the goods or services of the applicant from those of his competitors.

After registration of the Community trade mark, the trade mark can indefinitely be renewed every ten years.

For more information please contact our offices via telephone (24-651339) or email (ademetrioulaw@cytanet.com.cy).