Why and how to register a trademark in Cyprus

The rights to a trademark in Cyprus are granted to the person or company that first uses it in this territory. Although registration is not mandatory, in practice it is highly recommended in order to demonstrate clear ownership, prevent future conflicts regarding ownership of the trademark and in order to defend against cases of trademark infringement.

To obtain trademark protection in Cyprus, one can register either locally via the Department of Registrar of Companies and Official Receiver of the Republic of Cyprus (D.R.C.O.R.), or regionally by filing a European Union Trademarks (EUTM) which grants protection in the whole European Union. 

Cyprus is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

It is not necessary for a trademark to be in use in Cyprus in order for it to register. However, prior use may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness.

If you register a combined trademark (which includes both word elements and figurative elements) in Cyprus, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.

Trademark opposition actions may be filed by third parties against a trademark application within a period of two (2) months following the publication in the Official Gazette. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Although prior use of the trademark is not necessary in order for it to register, it must be used within a period of five (5) years starting from the filing date of the trademark application, otherwise it will become vulnerable to cancellation actions for lack of use. 

In Cyprus, registered trademarks have an initial validity of seven (7) years from the application date. It can then be renewed for consecutive periods of fourteen (14) years. The trademark renewal may be requested within a period of three (3) months before the expiration date.

 

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