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.