TRADEMARKS

I. Legislation

A. Trademarks in Cyprus are governed by the Trade Marks Law, Cap. 268 of the Statute Laws of Cyprus. The Law and the Rules are based on the English Trademark Act and Rules of 1938.

B. Protection - Scope and Duration

Trade Marks are registered for an initial period of seven years, after which the registration may be renewed for a period of fourteen years. Applications for renewal maybe made at any time within three months of the expiry date.

Trade Marks and or Service Marks are registered in respect of particular goods, classes of goods or services as the case may be. Assignments of Trade Marks and Service Marks may also be registered.

The Law contains remedies for non-registration, wrongful registration or infringement of rights.

II. Registration Procedure

1. Application submitted to the Registrar, with the following details:

The name and/or picture of the trademark
The required class or Part of the Registry
A description of the trademark and the products it covers and the name
Address and occupation of the applicant

2. Registrar conducts a search to establish the registrability of the mark according to the provisions of the law.

3. In the absence of complications, the mark is registered and a certificate is issued. Alternatively, the registrar requests further clarifications. The registrar's objections may be appealed by the applicant. Registrar may be convinced to withdraw his objections, or may impose conditions, disclaimers, amendments or limitations.

4. Applicant may appeal Registrar's final decision to the Supreme Court but court rarely overrules the Registrar.

5. Upon acceptance of application the Registrar publishes the trademark in the official Gazette, inviting anyone wishing to oppose the registration to do so within two months (extensions of time is given). In the event of objections the Registrar conducts hearings before making a final determination.