The amending law significantly changes the system of registration, maintenance, and protection of trademarks and is expected to have important practical and legal consequences.
On the 5th of June 2020, the Parliament of the Republic of Cyprus voted in favor of the new Trade Mark Law, subsequently published on the 17th of June 2020, transposing the European Trademarks Directive
(Directive (EU) 2015/2436) and amending the Cyprus Trademarks Law (Cap.268).
We note below some of the key changes:
- New, simplified procedures for the filing, examination, approval, registration, and transfer of trademarks have been introduced.
- Lower registration fees have been introduced, especially for the registration of trademarks in multiple classes; consolidation of fees for the entire registration process.
- 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 are to be made for a further ten-year period(s).
- The opposition period has been extended to three (3) months following publication. A “cooling off” period in opposition proceedings, aimed at encouraging amicable settlements, has been introduced.
- The requirement that a power of attorney is granted to a lawyer to register a trademark has been abolished. 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 defense in opposition proceedings for the party applying for the registration of its own trademark.
- 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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