What is a Trademark?
Trademarks are the most essential way to label a company and to distinguish goods and services from others. It is a word, phrase, symbol or any sign used by the manufacturer to identify the company and the product. More commonly known as the ‘name of the business or product’ it is the essential way to differ your company and services from others.
In order to register a trademark, in accordance with Cypriot legislative and/or regulatory framework, a relevant application has to be filed at the Intellectual and Industrial Property Section of the Registrar of Companies and Official Receiver. National trademark registrations will be protected only in those countries where they are registered.
Outline of Registration Procedure:
- An application is filed to the Department of Companies Registrar and Official Receiver by any person claiming to be the proprietor and/or a license of a trademark. It shall be noted that the application shall be accompanied by all the relevant supporting documentation, as required by the Law.
- The Registrar may refuse the application, or, may accept it absolutely, or, partially, subject to such amendments, modifications, conditions or limitations, if any, it deems appropriate under the specific circumstances of each case.
- Upon filing of a trademark application, the Companies Registrar and Official Receiver, conducts a research in order to ensure that it is in conformity with the relevant legislative and/or regulatory criteria and prerequisites, before establishing the trademark’s registrability.
- In case of a successful application, the Department of Companies Registrar and Official Receiver shall, publish the application, in the prescribed manner and the publication shall set forth all conditions and limitations subject to which the application has been accepted.
- Any person may, within the prescribed time from the date of the publication of an application, give notice to the Registrar of opposition to the registration.
- Subsequently, the Department of Companies Registrar and Official Receiver, shall notify the applicant, accordingly, and, within the prescribed time-frame, the applicant shall send to the Registrar, a counter-statement of the grounds on which the applicant relies for his application, if not, the application may be deemed abandoned.
- In case a counter-statement is filed by the applicant, the Registrar shall notify the opponent and after a thorough perusal and examination, the Registrar shall issue a decision as to whether, or, not, the trademark registration is to be permitted.
How Can We Help?
The following steps must be completed when registering a trademark in Cyprus:
- the filing of the documents with the selected Registrar;
- the examination of the trademark;
- the publication of the trademark in the Official Gazette;
- the issuance of the Certificate of Registration.
When it comes to the documents that need to be filed, the following must be considered:
- the application form;
- a description of the trademark and the services/products it will represent;
- a graphic representation of the trademark;
- proof of payment of the application fee;
- the power of attorney when the application is made through a proxy.
Our team of lawyers in Cyprus can handle the registration procedure which can take up to 9 months and provide regular updates on the stage of the process. Our lawyers can handle the registration process of any type of trademark based on a power of attorney.
Duration of Registration:
The trademark registration is valid for a 7-years’ period. Upon the expiration of 7-years’ the trademark may be renewed for additional 14-years’ period, at a time.
1. Designs
A registered design protects the overall visual appearance of a product or a part of a product.
The protection is given to the way the product looks and the design may be two or three dimensional. The appearance of the product may result from a combination of elements such as shapes, colours and materials.
A design is protected in Cyprus via an application for registration with the Official Cyprus Authorities and will be protected as long as it is new and shows individual character.
The maximum duration of protection is 25 years from the filing date of the application divided into periods of 5 years. It can thus be renewed every 5 years.
How can we help?
- Filing application forms for registration, renewals for trademarks and designs
- Extensive research on possible future trademarks (national/international): Recommendation for application
- Preparation of filling of trademarks and designs
- Consultation regarding brand protection
- Trademark watching (yearly service)
- Assistance and representation of infringements proceedings of trademarks and designs through third parties
2. Copyrights
Copyright is a right granted to the creator of an original work to exclusive use of that work for a certain period of time limited by law. In Cyprus copyright is governed by the Copyright Section of the Department of the Registrar of Companies and Official Receiver. Copyright protection permits the owner of the copyright the exclusive right to control in Cyprus the reproduction, sale, rental, distribution, lending, advertising, exhibiting in public, communicating to the public, broadcasting, translation, adaptation and other arrangement of the whole or a substantial part of a work.
Copyright protection vests automatically and there is no need as such for an author/owner to register his right in order to benefit from protection. The law aims to protect those who create original works by preventing others from copying or exploiting their works.
Some examples of Copyright may be Photographs, Musical works, Broadcasts, Artistic work, Literary work, Scientific work.
As a general note, the copyright will be deemed to subsist for 70 years from the date of the death of the author and in case of films, the 70 year period will start from the date of the death of the last of the producer, the primary director, the script writer, the screenplay writer and the composer of music for the film.
In order for the rights to be recognized, the beneficiary must be a citizen of the Republic of Cyprus who habitually resides in Cyprus, or a legal entity incorporated in Cyprus or a citizen of another Member State of the European Union.
How can we help?
The dedicated team of lawyers, business advisors, accountants and tax experts will be happy to assist with all relevant matters including but not limited to:
- Advising on the subject to be registered;
- Filing of application;
- Liaising with authorities for the processing of application;
- Infringement proceedings;
- Transmission of ownership.
3.Patents
A Cyprus patent shall give the owner exclusive right to use the invention for a period of twenty years from the date of filing the relevant application. The duration of protection depends on the payment of an annual renewal fee. The annuities are to be paid every year after the second year.
A patent protects new inventions and it comprises with the nature of the product and what is it made of and how the product works. The invention must be new and industrially applicable.
In accordance to the Cyprus legal framework, a theory, a scientific discovery, an artistic work and a computer program are not patents.
It is noted that while the patent is protected (within the 20 years) the owner may sell the patent right and in addition has the right to prevent any third party from manufacturing, selling, importing or otherwise commercially exploiting either the patented product or a product obtained by the patented process. In the event of infringement, the owner can bring an action against the infringer before Court for an injunction, damages, account of profits, delivery up and/or destruction of infringing goods.
In order for the patent to be protected in Cyprus, the owner must file an application for registration with the pertinent Authorities. In addition, patents may be also protected by applying to the European Patent Organization (EPO) and the International application (PCT) provided that Cyprus is the designated country.
How can we help?
The dedicated team of lawyers, business advisors, accountants and tax experts will be happy to assist with all relevant matters including but not limited to:
- Advising on the subject to be protected
- Filing of application
- Liaising with authorities for the processing of application
- Infringement proceedings
- Filing of resource of annulment in the Supreme Court
