Trademark registration is essential for protecting your brand's identity and ensuring its legal protection. This guide details the procedures and benefits of trademark registration in Cyprus, the European Union (EU), and internationally.

Our guide provides a detailed overview of the procedures, requirements, and benefits of trademark registration in Cyprus, the European Union (EU), and internationally.

It covers the necessary steps to successfully register a trademark, the legal frameworks involved, and the advantages of securing your brand's identity through trademark protection.

What is a Trademark?

A trademark is a unique identifier or a blend of identifiers that differentiate the goods or services of one business from those of other businesses. These identifiers can include:

• words
• personal names
• designs
• letters
• numbers
• images
• colours
• product shapes
• packaging shapes
• sounds

Cyprus Trademark Registration

Authority and Legislation

• Authority: Intellectual Property Section of the Department of Registrar of Companies and Intellectual Property.
• Main Legislation: The Trademarks Law, Cap. 268 as amended and the EU Directive 2015/2436

Main Requirements

• Distinctiveness: The trademark must be distinctive and not merely descriptive.
• Non-conflict: It must not conflict with existing trademarks.

Registrable and Non-registrable Trademarks

• Registrable: Signs, words, names, designs, letters, numerals, colors, shapes, packaging, and sounds that distinguish goods/services.
• Non-registrable: Generic terms, descriptive marks, shapes essential to the product, marks against public policy, or those likely to deceive.

Process

1. Search: Conduct a comprehensive trademark search to ensure availability and avoid potential conflicts using the following online platforms:

• Online Registry of National Trademarks: Utilize the Intellectual Property Section's online tool for Cyprus trademarks.
• TMView: Use the TMView service of the European Union Intellectual Property Office (EUIPO) to search for trademarks in Cyprus and other countries.
• Official Gazette: Search data on national and international trademarks in the Intellectual Property Section’s publications.

2. Application: Submit the application to the Department of Registrar of Companies and Intellectual Property.

• Content: The application must include a representation of the trademark, a list of goods/services, and the applicant's details.

3. Examination: The application undergoes both formal and substantive examination.

• Formal Examination: Ensures the application is complete and properly filed.
• Substantive Examination: Assesses whether the trademark meets legal requirements and does not conflict with existing trademarks.

4. Publication: If the application passes the examination, it is published in the Official Gazette.
5. Objections: Interested parties have three months from the date of publication to file objections.
6. Registration: In the absence of objections or after resolving them, the trademark is registered. The registration is valid for 10 years and can be renewed indefinitely, with each renewal extending the protection for another 10-year period.

EU Trademark Registration

Authority and Legislation

• Authority: European Union Intellectual Property Office (EUIPO).
• Main Legislation: The Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark

Main Requirements

• Distinctiveness: The trademark must be distinctive and not merely descriptive.
• Non-conflict: It must not conflict with existing trademarks.

Process

1. Application: File an application with the European Union Intellectual Property Office (EUIPO).
2. Examination and Publication: The application is examined to ensure compliance with EU regulations and, if approved, published for opposition.

• eSearch Plus: Conduct a search in the EU Trademarks Register via the eSearch Plus service.

3. Opposition Period: Third parties have a period to file oppositions against the registration. An opposition must be filed no later than 3 months after the publication of the trade mark application.
4. Registration: Once registered, the EU trademark provides protection across all EU member states, offering a cost-effective way to secure trademark rights in multiple countries. An EUTM registration lasts for 10 years with the possibility of renewal every 10 years on an ongoing basis.

International Trademark Registration

Authority and Legislation

• Authority: World Intellectual Property Organization (WIPO).
• Main Legislation: Madrid Agreement Concerning the International Registration of Marks (as amended on September 28, 1979), Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (as in force on February 1, 2019)

Main Requirements

• Compliance: Must comply with the Madrid System, administered by the WIPO.

Process

1. Apply to the Appropriate National Trademark Office: The first step is to apply to the relevant National Trademark Office. For Cyprus, the relevant national trademark office is the Intellectual Property Section of the Department of Registrar of Companies and Intellectual Property.
2. Examination and Publication: Once filed, the national office will examine the application. If there are no defects, they will pass your application to WIPO for further examination at an international level. After approval by the national office, the WIPO will examine your application. Upon approval, it will be published in the WIPO International Trademark Gazette and forwarded to the national offices of each requested country.

The international trademark registration process functions as if you applied for a national trademark in each requested country. The relevant national trademark offices will examine your application for any faults and potential IP conflicts with existing trademarks.

3. Opposition Period: If there are conflicts, the national office has one year to communicate a notification of provisional refusal, which can occasionally extend to 18 months or longer. If there is no notification of provisional refusal, the trademark is granted and officially protected in that country.
4. Registration: Once the examination is complete and no objections are raised, the trademark is granted and protected in the designated countries. An international registration may be maintained in force indefinitely by the payment, every 10 years, of the prescribed fees.

Benefits of Trademark Registration

• Legal Protection: Provides exclusive rights to use the trademark, preventing unauthorized use by others.
• Brand Identity: Protects the brand’s identity and enhances consumer recognition and trust.
• Deterrence: Prevents others from using similar marks, reducing the risk of brand dilution.
• Asset Value: Adds value to the business as an intellectual property asset, which can be monetized through licensing or sale.
• Enforcement: Facilitates legal action against infringers, offering a solid foundation for defending the brand.

Our Services

Economou & Co LLC ensures your trademark registration needs are met efficiently and in compliance with the law. With our expertise, you can focus on growing your business, confident that your brand's identity is protected in Cyprus, the EU and internationally.

Let us navigate the complexities of trademark law, allowing you to concentrate on building and expanding your business.