The average time frame for the registration approval is 18 months, if no objections or oppositions arise.
Registered trademarks in Cyprus are protected in the whole island of Cyprus except in Northern Cyprus.
A signed Power of Attorney must be presented.
Yes. Applicants may benefit from pre-filing use of trademark in the following ways:
- Demonstrate the mark’s distinctiveness
- Overcome opposition based on non-distinctiveness
- The first party to use the mark gets ownership right even if the mark was later registered by another party (substantial evidence is needed)
Yes. Non-use is a ground for cancellation of registration.
The following marks are registrable in Cyprus:
- Words
- Colours
- Names
- Trade dress/get-up
- Devices
- Shapes with 3 dimensions
There are 3 phases of trademark application in Cyprus namely examination, publication and registration.
- The application will be examined in respect of compliance with requirements.
- The particulars of the application will be published such as mark, name, citizenship and address of applicant, and all other details.
- Registration will be granted once requirements are met and oppositions are overcome.
Applicants are prohibited to register marks that are:
- Contrary to moral standards
- A threat to public order
- Generic
- Inclusive of name and flag or symbol or any state/region/nation or international organization
- Lacking in distinctive qualities
- Considered as surnames
- Considered as geographical names
Yes. Cyprus uses the Nice Classification system.
Yes. The Community Trademark applies for Cyprus.
Yes. Applicants may claim priority if:
- Home country is a Paris Convention member
- Date of home application was filed within 6 months prior to application in Cyprus
Use the trademark 5 years from the date the application was filed. Use can be minimal but must take place within the jurisdiction of Cyprus.
Initial term of validity is 7 years beginning on the date of application.
The first renewal date will be 7 years from the date when application was filed.
Yes. Unregistered marks can be legally used for goods and services.
Registration is not necessary in order to afford right to a trademark. The rule “first to file” takes effect in Cyprus.
The national office of Cyprus for trademark registration is not available online.
Prior use of a mark is not mandatory for filing.
Yes. Applications can be opposed on these grounds:
- Violation of proprietary rights or conflict with an earlier registration
- Bad faith
- Descriptive or non-distinctive mark
- Similarity with a notorious mark
- Registration was made in the name of a representative or agent
- Violation of rights in a company or personal name
- Use of protected symbols, insignia or emblems
Anyone can oppose or contest a trademark application.
Yes. A registered trademark can be cancelled on these grounds:
- Misleading or deceptive mark
- Contrary of morals or public policy
- Application made in bad faith
- Section VIII.A. Use Requirements are not met
- Prohibited marks in Cyprus
- Use of emblem or badge of public interest
- Violation of Article 6ter of the Paris Convention
Owners of a registered trademark can enjoy the following rights:
- Use the trademark exclusively
- Oppose later conflicting applications
- Request to cancel later conflicting registrations
- Issue license to third parties to use the trademark
- Take legal actions against infringement
- Obtain compensation from infringing parties
- Request seizure of counterfeit goods
The opposition period will start from the date of publication and will end two months after that date.
Yes. Cyprus is a signatory of the Madrid Protocol and the Madrid Agreement.
Periodic statements of use and other documents declaring use are not needed.
Renewals are made every 14 years from the last date of renewal date.
The first renewal date will be 7 years from the date when application was filed.
A power of attorney is required if a new attorney will handle the renewal procedure.
No grace period is provided for expired trademarks.