03-12-2013 (Newsletter Issue 3/13)Official Fees IncreasedThe Registrar of Cyprus annouced that the official fees for patent and trademark work have been increased by an average of 18%. These new official fees are applicable for submissions to the Registrar as of February 4th, 2013.
The new official filing fee for one trade mark in one class is now EUR 50.00. The official filing fee for a certification mark is now EUR 80.00.
Source: Dr. K. Chrysostomides & Co LLC, Cyprus and Vayanos Kostopoulos, Greece
Legal basis is the Cyprus Trademarks Law Cap. 268 (as amended). The Cyprus legal system is largely based on the principles of “common law” (see United Kingdom).
The law is valid for the entire territory of the republic of Cyprus, but due to the current political situation it is de facto restricted to the free part of the Republic of Cyprus (in the South) where the legitimate government exercises its control.
Cyprus is a member of the Madrid Agreement and the Madrid Protocol.
Since May 1st, 2004, Cyprus has also been a member of the European Union.
Trademark protection is obtained by registration although unregistered marks may be protected in appropriate circumstances under the tort of passing-off (unfair competition).
Nice classification, 10th edition
Registrable as trademarks are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, the three-dimensional shape of a product or its packaging and any combination of such signs.
The following trademark types are registrable: trade marks and service marks, collective marks and certification marks.
The application is filed at the Cyprus Trademark Office.
Separate applications are necessary for each class.
Foreign applicants need a local agent.
The power of attorney for the local agent must be signed by the applicant.
Foreign applicants do not need a domestic registration.
The application process includes an examination on formalities, an examination on absolute grounds and a search for prior trademark rights on the Register. Signs not deemed distinctive in the preliminary examination by the Registrar may still be registered if sufficient evidence of acquired de facto distinctiveness is submitted.
The processing time from first filing to registration or first office action is approx. 2-3 years.
After registration, the trademark is published in the “Official Gazette of the Republic”.
The opposition period is 2 months from the date of publication of the trademark in the Official Gazette. The deadline is a strict one and cannot be extended.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
A trademark registration is valid for 7 years. Renewal is possible for periods of 14 years.
The grace period is 2 months from the date of publication in the Official Gazette of the non-payment of the renewal fee.
If the trademark has not been used within 5 years from registration (or for a continuous period of 5 years), it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.
The official filing fee for one trade mark in one class is EUR 50.00. The official filing fee for a certification mark is EUR 80.00.
Trademark Licence Agreement
In Cyprus a licence agreement may be concluded in writing. The Cyprus Trade Marks Law does not provide for Licensing of unregistered marks, though such licences can be valid and enforceable under contract law or common law principles. A licence may be restricted to only some of the goods or services covered by the trademark registration. The goods for which the licence has been given must be stated in the licence agreement. The sale of a registered trademark does not automatically terminate the licence. There are statutory provisions prescribing the terms of a licence agreement.
There are provisions in law for the recordal of a licensee. The recordal of a licence is not mandatory. A non-registered licence is valid according to principles of common law. There is no time frame for a recordal. If the
licensor and the licensee file an application for a licence recordal they have to follow mandatory provisions of the national law. The application for registration of a registered user must be made by the trademark proprietor.
The following documents are required for a recordal:
1. Trademark Form 43
2. Affidavit from the proprietor and a statement of case
The application for recordal must be accompanied by information, verified by a statement of case and a statutory declaration, which must state the following:
1. Particulars of the relationship, existing or proposed, between the proprietor and the registered user
2. Particulars about the degree of control to be exercised by the proprietor over the permitted use
3. Whether the proposed registered user shall be the sole registered user or whether there will be other registered users
4. The trademark for which the application for registration of the user is made
5. The goods in respect of which registration is proposed
6. Any conditions or restrictions proposed
7. Whether the permitted use is to be with or without limitation of time
In addition, the Registrar may request further documents, information or evidence. The recordal is published in the Trademark Gazette.
The licence is effective from the date of the licence agreement. A licence is easier to enforce if recorded.
There is an evidentiary presumption that use of a recorded licensee is permitted use. The licensee may join the trademark owner in infringement proceedings and can call upon him owner to institute proceedings. If the owner neglects or refuses to institute proceedings, then the licensee may institute proceedings in his own name two months after having called upon the proprietor to do so. He does not need to cite the trademark owner as co-defendant in any such proceedings.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
|Word Mark Search (availability)
|Word Mark Search (identical)
|Extended Search (word mark, company name, domain)
|Device Mark Search (availability)
|Trademark Owner Search
|Company Name Search
|Domain Name Search (extended)
|i-Search (word mark availability + legal opinion)
The Prices above are S.M.D. Markeur Search Fees
We would like to thank the following law firms for their assistance in updating the information provided:
02-22-2013Dr. K. Chrysostomides & Co. LLC
, Nicosia, Cyprus
01-19-2012Markides, Markides & Co.
, Nicosia, Cyprus
01-02-2012Dr. K. Chrysostomides & Co. LLC
, Nicosia, Cyprus Licensing
02-28-2013Dr. K. Chrysostomides & Co. LLC
, Nicosia, Cyprus
11-02-2011Dr. K. Chrysostomides & Co. LLC
, Nicosia, Cyprus Markides, Markides & Co.
, Nicosia, Cyprus
Michael Chambers & Co. LLC , Limassol, Cyprus