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).
The new law has benefited from the expertise and know how of former officials of the European Union Intellectual Property Office (EUIPO) and it is hoped to introduce a more simplified, faster and more transparent way of doing business, moving away from the up to now lengthy processes in the examination and processing of forms, creating a number of ambiguities and backlogs.
The future looks promising: Efficiency and transparency, streamlined procedures, hearings becoming the exception rather than the rule, stringent deadlines with extensions being granted only exceptionally… Time will tell how the new provisions will in fact work out in practice.
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.
Disclaimer: This publication has been prepared for general guidance on matters of interest only and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, Highworth (Cyprus) Ltd, its members, employees, and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining from acting, in reliance on the information contained in this publication or for any decision based on it.
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