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Amendments to Trademark Laws

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Sep 02, 2014 (Newsletter Issue 13/14)
Cyprus
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New Common Practice on Black & White Trademarks


The Intellectual and Industrial Property Section of the Department of the Registrar of Companies and Official Receiver of the Republic of Cyprus has issued a new practice direction for the purposes of harmonizing the practice of Cyprus regarding black and white or greyscale trademarks with the rest of European Union countries. The new practice direction will apply for all trademark applications filed after 15 July 2014.

Accordingly, trademarks filed in black and white or greyscale are no longer protected in all colours.

The new Practice consists of four parts and determines use of a black and white or greyscale trademark in colour is considered genuine use if the following conditions are met:

1. The colour should not be part of the main element that makes the trademark distinctive.
2. The colour or combination of colours in the trademark is not considered distinctive in itself.
3. The word and figurative elements of the trademark should be the most distinctive elements and should be used in the same way as the black and white or greyscale trademark.
4. The contrast between the shade of the trademark should be respected.

Source: www.agip.com