Getting Your Trademark In Cyprus
A trademark (or servicemark) is one of the most important things to distinguish your product or services from those of your competitors. Trademarks have played vital roles in establishing global reputations and building brands. Trademarks are words, names, logos, symbols, and any such signifiers.
Cyprus offers a sound and strong system of protecting trademarks. There are three options to attain a trademark protected by the Cyprus intellectual property laws. First, one can choose to register the trademark with the Cyprus government itself following the Intellectual property and Company laws in the country. Secondly, the person can register it with the European Union Intellectual Property Organisation (EUIPO) or World Intellectual Property Organisation (WIPO) following the prescribed methods, as Cyprus is a member of European Union, thereby offering protection to all EU registered trademarks, and Cyprus is also a signatory to the Madrid System for the international registration of marks.
Prerequisites for registration
- Every application made to the Registrar of Companies & Official Reciever has to be made through a lawyer and the language of applying must be in Greek.
- The lawyer would need a power of attorney to apply on behalf of the applicant.
- The application needs to have the details of the applicant like the name, address, etc.
- The category of goods under which the trademark is applied for must also be provided.
- A copy of the trademark, color or black & white depending upon the trademark needed.
- A trademark must be distinctive; not similar to any other previously granted trademark; non-deceptive in nature; must not be obscene or contrary to public morality.
- Section 13 & 14 of the Cap. 268 further shed light on the necessary characteristics of the trademarks and prohibited features.
The registration procedure after the application submitted by the lawyer begins with the Registrar of Companies. A filing number for the application is provided and the comprehensive database of all registered trademarks, especially in the same category, is searched by the Registrar. The trademark must meet the strict criteria of distinctiveness, and must not consist exclusively of terms or representations used to relate to the general nature, kind, quality etc, of the goods to the category to which the trademark belongs. If the applied mark qualifies under all the characteristics provided under Section 11 of Cap. 268 and is not similar to any other previously registered trademarks in Cyprus or in any other territories protected by an agreement or convention in Cyprus, then the Registrar green-lights the publication of the trademark in the Official Gazette of the Republic of Cyprus for public notification. The registrar is also empowered to recommend any changes to the trademark, failing which the application would be rejected. If within two months no objection is raised from any parties the process of granting the trademark is pushed forward with the ultimate step being the allotment of the registration through a certificate granting exclusive rights of the trademark to the owner. The trademark must be renewed after 7 years, and every 14 years after that. Even after the refusal of registration, there is still provision for an appeal to the Registrar on reasonable and legitimate grounds.
Internationally available trademarks
The aforementioned has been the process for registration of a trademark in Cyprus which grants protection within the territory of the Republic of Cyprus. However, in numerous cases, the companies and businesses require more protection than only within Cyprus. This is solved by two possible ways as trademarks can be registered for many countries at a time through the European Union Intellectual Property Organization (EUIPO) or World Intellectual Property Organization (WIPO). The EUIPO protects an allotted trademark throughout the territory of member countries while the WIPO protects it within all the 118 countries which have adopted the Madrid System. The process of application is almost similar to the one mentioned above with the same qualifying criteria, with the only major difference being the authority to apply to. An EU trademark is granted or denied for all EU countries while a WIPO trademark through Madrid System after approval of the application is either denied or approved by respective countries party to the Madrid Protocol. Thus, making it possibly available in some countries while denied by others.
We can help
At Simon Zenios & Co we have the skillset, experience, and the required resources to get you the desired trademark of your choice. We do not just help in covering every step of the application process but also in applying for any objection or modification to the Registrar of the Companies & Official Receiver. Our services are customizable according to your exact needs and we serve all types of trademarks applications, in Cyprus, EU or through the Madrid System. Our services include defense of your trademark through enforcement or by filing any opposition to a new application. We also help in defending your rights in case an accusation of violation has been made against your company. In case of any query regarding trademarks or any other legal matter under the sun, please feel free to contact us.