1) DESIGNATIONS REGISTRABLE AS A TRADEMARK
In order for a trademark to be registered, it must comprise of elements, such as for example words, drawings, numbers, colors, sounds, the shape of the product or of its packaging, which meet certain prerequisites.
2) THE REGISTRATION PROCESS
In order to register a trademark in Cyprus, we will need a power of attorney and a filled application form, called Form TM2. The application must be filed separately for each class of products or services. Once the application is filed, the Cypriot Trademark Registrar will examine the petition and publish it in the Official Gazette for 3 months. During these 3 months anyone with a solid reason may file for trademark opposition. If no opposition is registered, the Cypriot Registrar will issue a registration certificate with a copy of the trademark.
3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION
No, but conducting a thorough pre-filing search can help you avoid conflicts and objections that can delay the process.
4) TRADEMARK REGISTRATION TIMELINE
The whole procedure will usually take approximately 6-7 months. If there is an objection, then the process may be longer and is often followed by a Court hearing or Arbitration, between two or more opposing parties.
5) TRADEMARK REGISTRATION DURATION AND RENEWAL
Trademarks in Cyprus are valid for 10 years from the initial registration date and can be renewed for 10 years after the first 10 years.
6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?
Yes, a mark can be used at any stage, even before the application is filed. However, such use does not guarantee registration of the mark.
7) TERMS OF TRADEMARK USE
The use of the trademark should be within the scope of the goods or services specified in the registration.
8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER
Proactive measures, such as monitoring and proper trademark use, coupled with reactive measures, like enforcement actions and litigation, provide a framework for trademark protection.
Author: Cleo Loizou