Cyprus Intellectual Property and Trade Mark Protection in Cyprus

The Cyprus Trademarks laws are governed by Chapter 268 as amended by Laws 63 of 1962, 69 of 1971, 29 of1983 and 206 of1990 (the "Law") and the relevant Trade Marks Rules 1951-1990 which are based on the English Trade Marks Act and Rules of 1938. Cyprus is a signatory to the Paris Convention for the protection of Industrial Property and has also ratified the Treaty and Regulations of WIPO concerning Trade Mark Law.

1. For the application to register a trademark a TM 2 form is used. It is necessary that the applicant or its agent sign the form. Only advocates may be appointed as agents for the purpose of filing an application with the registrar of companies. It is therefore necessary that the applicant signs the TM 1 form giving in that way the authorization to the advocate to act as an agent in applying for a trademark under the Law (Rule 14).

2. The Procedure for the registration of a trademark in Cyprus is as follows:

2.1. A preliminary search of the register can first be conducted to ascertain the registrability of a mark.

2.2. The class in which registration will be made has to be determined. The international system of classification is followed.

2.3. The application is filed which the Registrar examines to ensure that the legal requirements are complied with. The mark must be distinctive, it must not deceive, and it must not resemble marks already registered or whose application is pending. The Registrar can accept the registration of a mark as applied for, accept the registration conditionally or refuse the registration.

2.4. The Registrar's decision is communicated to the applicant who has the right to object if the Registrar's decision is to refuse the registration of a mark or to accept it conditionally.

2.5. If the registration of a mark is accepted it is published in the Gazette of the Republic. Anybody who intends to oppose the registration must file an opposition within a prescribed time period.

2.6. The certificate of registration of a mark is valid for seven years and is renewable every fourteen years thereafter.