Amendments to Trademark Protection in Cyprus
Cyprus will soon implement the relevant to trademarks ΕU Directive 2015/2436 (the “Directive”) through introducing amendments to the TradeMarks Law Cap. 268. The amendments aim at bringing a simpler, more efficient and cheaper system for registering and protecting trademarks in Cyprus.
- Non-traditional characteristics, such as colour, scent and sound will be able to be registered and protected as trademarks, as the graphical representation will no longer be a prerequisite for something to be registered as a trademark.
- Any amendments after the filing of the application for registration of a trademark will not be permitted, which suggests that a trademark should only be submitted for registration in its final form.
- The period of protection of a trademark will be extended to ten years (from the current seven years) and renewals will also be made for period of ten years.
- Registration fees will decrease, especially for registrations of trademarks in more than one class, as a multiclass system will be introduced.
- A power of attorney granted to a practicing lawyer to register a trademark will no longer be required and such power of attorney shall be replaced by a written declaration on the application for registration of the trademark itself.
- Important changes will also be made to the procedure for making oppositions to registrations, such as extending the opposition period from two months to three months and allowing a minimum of two months during the opposition period for the relevant parties to reach an amicable settlement, before filing supporting documentation for and against the opposition.
- In addition to the above, the non-use of a trademark by the proprietor of the trademark will now be considered a defence in opposition proceedings for the party applying for registration of its own trademark. The proprietor/opponent shall prove that the original trademark has been put to genuine use during the five year period preceding the filing date of the subsequent trademark.
Rather than making publication in the Official Gazette of the Republic of Cyprus, publications will now be made on the website of the Intellectual and Industrial Property section of the Registrar of Companies, which makes things easier and more efficient especially for those wishing to oppose to any registration of trademark.
A full update will follow, once the Directive is implemented and the above amendments become law.