Amendments to the Trademarks Law in Cyprus
EU Directive 2015/2436 in relation to trademarks has recently been implemented in Cyprus by amending the Trademarks Law, Cap.268 (the “Law”). The Law introduces, among other things, significant amendments with respect to the registration and protection of trademarks in Cyprus, as it simplifies and makes the registration process more efficient and cost effective, as described below:
- New more simplified procedures for the filing, examination, approval, registration and transfer of trademarks have been introduced.
- Registration fees have been decreased, especially for the registration of trademarks in multiple classes.
- Non-traditional characteristics such as colour, scent and sound will be able to be registered and protected as trademarks, as the graphical representation is no longer a prerequisite for the registration of a trademark.
- The period of protection of a trademark has been extended to ten years and renewals can be made for further period(s) of ten years.
- Oppositions to registrations can now be made within three months from the date of publication of the decision and the Law allows a period of a minimum of two months during the opposition period for the relevant parties to reach an amicable settlement, before filing the supporting documentation for and against the opposition.
- A power of attorney granted to a lawyer to register a trademark is no longer required. If the applicant wishes to appoint a lawyer to proceed with the application, the lawyer signs a written declaration on the application form.
- The non-use of a trademark by the proprietor of such trademark is now considered a defence in opposition proceedings for the party applying for registration of its own trademark. The proprietor has to prove that the original trademark has been put into genuine use during the five-year period preceding the filing date of the subsequent trademark application.
- Publications regarding trademark applications will now be made on the website of the Intellectual and Industrial Property section of the Registrar of Companies rather than in the Official Gazette of the Republic of Cyprus.
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