Any mark that is capable by itself of distinguishing the goods of one undertaking from those of other undertakings.

 

 

Any mark that is capable by itself of distinguishing the services for undertaking from those of other undertakings.

 

 

Any mark may be registered as a collective trade mark if it is otherwise capable of being protected as a trade mark. A collective mark must be capable of distinguishing the goods or services of the members of an association which is the proprietor of the collective mark from the goods or services of other undertakings.

 

 

Any mark may be registered as a certification trade mark if it implies that the goods or services in relation to which it is being used are certified by the proprietor of the mark as to their quality, accuracy or any other characteristic including their ingredients or origin, if the mark relates to the method of production of the goods or if it relates to services, the method of their performance.

 

 

A trade mark totally or partially restricted to one or more specific colour or an amalgamation of colours may be registered and any limitation will be taken into consideration by the Registrar or the Court in the decision about the distinctive character of the mark.  If the trade mark is registered without any restriction, it is deemed registered in relation to all colours. 

 

 

 

The following marks cannot be registered and/or if registered, may be declared void:

 

 

A trade mark which is identical with an existing trade mark and the goods or services for which it is declared or registered are identical with those for which the existing trade mark is protected.

 

 

A trade mark which might cause confusion to the public about its relation to an existing trade mark, because of its identity or similarity with the existing mark and the identity or similarity of the goods or services designated by the two marks.

 

 

Marks that are nominative or descriptive of the goods or services including:

 

Note: A trade mark that is not otherwise distinctive may be registered or if registered may not be declared void if, before the date of application for registration and due to the use made of it, it has acquired a distinctive character.    

 

 

Marks that contain prohibited content, as follows:

 

A mark will not be registered, or if registered may be declared void, if it is scandalous are any part of it is immoral or contrary to public policy.

 

 

 

In order for a trade mark to be registered in Cyprus, a written application for registration in the Register must be filed at the Registry of Trade Marks.

 

The Registrar of Trade Marks maintains the register, which comprises of all details relating to each trade mark registered, such as the name, address and descriptions of all the registered users, any waivers of exclusive use rights, the terms & limitations and such other issues with regards to registered trade marks. The register is open to the public, subject to any regulations specified.

 

 

In order for a mark to be registered, it must be so distinctive as to be easily distinguishable from other marks.

 

 

The right to exclusive use of a trademark, granted with registration, is subject to any condition that has been filed in the Register.

 

 

Registration of a trade mark is valid for a period of 7 years but may be renewed for additional periods of 14 years each, from the date of expiry of the initial registration or from the last renewal of the registration.

 

 

Rights in relation to trademarks may be enforced in the same manner as any other private property.  When the exclusive rights to a registered trademark are being infringed, the proprietor may file an action in the District Court to enforce those rights under civil law. There are a number of remedies available for infringement of a registered trademark such as damages and court orders prohibiting further unauthorized use of the trademark (injunctions).  If the infringement is on a large scale, the Court may order delivery of the marks for destruction or order the defendant to account for profits made through the sale of goods or provision of services in respect of which the trademark was infringed.

 

 

 

The applicant may appoint a lawyer practicing in Cyprus to inspect/search the Register of Trade Marks for identical or similar marks and any pending applications.  A Preliminary Application for a mere opinion application of whether the trade mark would be accepted or not by the Registrar may be made.

 

 

In order for a mark to be registered, an applicant or a lawyer practicing in Cyprus must file with the Trade Marks Registrar an application containing all relevant details and a form signed by the applicant authorizing the lawyer to file such application.

 

 

On receipt of the application forms, which are fully examined by the Registrar in order to determine whether they contain all the required information, and once the required fees have been paid, the Registrar appoints a filing date and a number to the mark and then conducts a search to establish the registrability of the mark.   

 

Note: The date of filing the application is significant because if registration is granted, it is deemed to run from the date when the application was made. This enables the proprietor, once registration has been granted but not before, to sue for any act of infringement committed between the date of filing and the date when registration is granted.

 

 

 

The Registrar of Trade Marks may accept, object or impose conditions and/or restrictions to the application. 

 

 

The fees should be paid at the time of filing the application.

 

 

If the notified conditions/restrictions imposed by the Registrar are not satisfied within the prescribed time, then the application may be rejected.

 

 

If the Registrar refuses the registration, the applicant may apply within 75 days for judicial review of the decision under article 146 of the Constitution to the Supreme Court of Cyprus.

 

 

 

 

When the Registrar of Trade Marks accepts the application, whether absolutely or subject to conditions, the mark will registered and its registration will be advertised in the Official Gazette of the Republic of Cyprus.

 

 

Any person may, within two months from the date of the advertisement of an application, give notice to the Registrar of opposition to the registration.  The notice must be given in writing and in the prescribed manner and must include a statement of the grounds of opposition.

 

 

After the filing of the opposition, the Registrar sends a copy of the notice to the applicant who on receipt must file, in the prescribed manner, a counter-statement of the grounds on which he relies for his application.  If he does not do so, he will be deemed to have abandoned his application.  If the applicant files a counter-statement, the Registrar must furnish a copy to the person/s giving notice of opposition and, after hearing the parties and considering the evidence, must decide.

 

 

The Registrar of Trade Marks may accept, object or impose conditions and/or restrictions.

 

 

The fees should be paid at the time of the filing of the application.

 

 

If the notified conditions imposed by the Registrar are not satisfied within the prescribed time, the application may be rejected.