	Trademarks
	Cyprus
	(Europe) Firm Chrysostomides Advocates & Legal Consultants Updated 22 Mar 2021
What is the system for trademark protection in your country?	The system for trademark protection in Cyprus includes: Registration Common law - unregistered trademarks and passing off
To which international treaties does your country belong?	Cyprus belongs to the following international treaties: Paris Convention Madrid Agreement Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks Nairobi Treaty on the Protection of the Olympic Symbol Trademark Law Treaty ("TLT")
What are the benefits of registering a trademark in your country?	The benefits of registering a trademark in Cyprus include: Entitlement of the proprietor to bring an infringement action
Is it possible to obtain registration for the following types of marks under the registration system in your country?	Service marks Yes Defensive marks No Collective marks Yes, must be a mark distinguishing the goods or services of members of the association owning the mark from those of other undertakings. A collective mark may not be registered if the public is liable to be misled with regard to the character or significance of the mark, in particular, if it is likely to be taken to be something other than a collective mark. Certification marks Yes, must be a mark indicating that the goods or services in connection with which it is used are certified by the owner of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics. Well-known marks No Series marks Yes, a number of marks that resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the mark may be registered as a series of marks and will be deemed to be associated marks. Marks in a different language or characters other than Roman characters Yes, a mark may be registered in its original language, but if it is in characters other than Latin characters, a transliteration must also be filed. Non-traditional marks: Sound marks Yes, the recently amended Cap 268 provides for the registration of sound marks. A sound mark may be represented in the form of an audio file that reproduces the sound or an accurate representation of the sound with musical notation. Non-traditional marks: Smell marks No Non-traditional marks: Position marks Yes, position marks may be represented by submitting a representation showing the exact position of the mark and its size or proportion in relation to the relevant product. Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes, colors can be registered as trademarks in Cyprus. They are represented by submitting the color itself along with a reference to a generally recognized color code. Non-traditional marks: Shape or three-dimensional marks Yes, Three-dimensional marks may be registered provided that they may be represented graphically and are sufficiently distinctive. They can be represented graphically either through a graphic reproduction of the shape, including computer-generated images or photographic reproduction. Other Slogans can also be registered subject to certain conditions.
What are the documents and information required for filing a trademark application in your country?	Documents and information required to file a trademark application in Cyprus include: Name and address of the applicant Representation of the trademark Goods and services and the class(es) for which the trademark is to be registered Other: (1) If priority is claimed, relevant proof established the date and country in which the prior rights have been filed. (2) The type of proposed mark (if collective/certification if applicable). (3) The nature of the proposed trademark (word/figurative etc).
Are multi-class applications permitted in your country?	Yes, multi-class applications are permitted in Cyprus. There is no maximum number of classes prescribed for each application.
Is there substantive examination of trademarks?	Yes, there is substantive examination of trademarks in Cyprus on the following grounds: Substantive grounds Relative grounds
What are the absolute grounds for refusal?	Absolute grounds for refusal of a trademark in Cyprus include: Mark has direct reference to the character or quality of the goods or services Mark is not distinctive Other: (1) Marks consisting exclusively of signs or indications which have become customary in the current language or in the bonafide and established practices of the trade. (2) Signs consisting exclusively of the shape resulting from the nature of the goods or being necessary to obtain a technical result or giving substantial value to the goods. (3) Marks being of such a nature as to deceive the public (4) Marks consisting of or containing the flag of a Convention country. (5) Armorial emblems or any other state emblems. (6) Marks being contrary to public policy or to accepted principles of morality.
What are the relative grounds for refusal?	Relative grounds for refusal of a trademark in Cyprus include: There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
What is the time period from application to registration for a straightforward trademark application in your country?	The time period from application to registration in Cyprus is between 6-12 months.
Is late renewal of a trademark registration permissible in your country?	Yes, late renewal of a trademark registration is permissible in Cyprus. In accordance with the Cyprus Trademarks Law (Cap.268) (as recently amended), an application for renewal and payment of the renewal fee can be made within the last six months of the trademark protection duration. Such a renewal application can also be done within an additional period of six months after the end of the protection period but shall be subject to a 50% increase in the official fee payable. If no renewal is made following the expiration of the six-month grace period, then the trademark shall be struck off by the registrar.
Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?	Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Cyprus. In the context of cancellation proceedings filed by a third party, a rightsholder will have to submit evidence that the mark is genuinely used in Cyprus by the registrant or with his or her consent during five consecutive years.
Are trademark licensees required to record themselves with the Registrar?	Yes, trademark licensees are required to record themselves with the Registrar in Cyprus. Trademark licenses are mandatory, pursuant to Article 19(6) of the recently amended Cyprus Trademarks Law, it is compulsory to record on the Cyprus Trademarks Register a trademark license for the grant of an exclusive or a nonexclusive license to use a Cyprus trademark or an IR designating Cyprus, in the entire territory of the Republic of Cyprus or part thereof. The same registration procedure is also applicable to sub-licenses granted by the registered licensee. Furthermore, there is an obligation to notify the Registry in case of termination or amendment of the license agreement, in order to keep the Register updated.
What are the available enforcement methods in your country?	Available enforcement methods in Cyprus include: Civil enforcement Infringement action Passing off Administrative enforcement Border or other administrative enforcement measures
Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?	None identified.

Trademarks

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What is the system for trademark protection in your country?

The system for trademark protection in Cyprus includes:

Registration
Common law - unregistered trademarks and passing off

To which international treaties does your country belong?

Cyprus belongs to the following international treaties:

Paris Convention
Madrid Agreement
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Nairobi Treaty on the Protection of the Olympic Symbol
Trademark Law Treaty ("TLT")

What are the benefits of registering a trademark in your country?

The benefits of registering a trademark in Cyprus include:

Entitlement of the proprietor to bring an infringement action

Is it possible to obtain registration for the following types of marks under the registration system in your country?

Service marks

Yes

Defensive marks

Collective marks

Yes, must be a mark distinguishing the goods or services of members of the association owning the mark from those of other undertakings. A collective mark may not be registered if the public is liable to be misled with regard to the character or significance of the mark, in particular, if it is likely to be taken to be something other than a collective mark.

Certification marks

Yes, must be a mark indicating that the goods or services in connection with which it is used are certified by the owner of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

Well-known marks

Series marks

Yes, a number of marks that resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the mark may be registered as a series of marks and will be deemed to be associated marks.

Marks in a different language or characters other than Roman characters

Yes, a mark may be registered in its original language, but if it is in characters other than Latin characters, a transliteration must also be filed.

Non-traditional marks: Sound marks

Yes, the recently amended Cap 268 provides for the registration of sound marks. A sound mark may be represented in the form of an audio file that reproduces the sound or an accurate representation of the sound with musical notation.

Non-traditional marks: Smell marks

Non-traditional marks: Position marks

Yes, position marks may be represented by submitting a representation showing the exact position of the mark and its size or proportion in relation to the relevant product.

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, colors can be registered as trademarks in Cyprus. They are represented by submitting the color itself along with a reference to a generally recognized color code.

Non-traditional marks: Shape or three-dimensional marks

Yes, Three-dimensional marks may be registered provided that they may be represented graphically and are sufficiently distinctive. They can be represented graphically either through a graphic reproduction of the shape, including computer-generated images or photographic reproduction.

Other

Slogans can also be registered subject to certain conditions.

What are the documents and information required for filing a trademark application in your country?

Documents and information required to file a trademark application in Cyprus include:

Name and address of the applicant
Representation of the trademark
Goods and services and the class(es) for which the trademark is to be registered
Other: (1) If priority is claimed, relevant proof established the date and country in which the prior rights have been filed. (2) The type of proposed mark (if collective/certification if applicable). (3) The nature of the proposed trademark (word/figurative etc).

Are multi-class applications permitted in your country?

Yes, multi-class applications are permitted in Cyprus. There is no maximum number of classes prescribed for each application.

Is there substantive examination of trademarks?

Yes, there is substantive examination of trademarks in Cyprus on the following grounds:

Substantive grounds
Relative grounds

What are the absolute grounds for refusal?

Absolute grounds for refusal of a trademark in Cyprus include:

Mark has direct reference to the character or quality of the goods or services
Mark is not distinctive
Other: (1) Marks consisting exclusively of signs or indications which have become customary in the current language or in the bonafide and established practices of the trade. (2) Signs consisting exclusively of the shape resulting from the nature of the goods or being necessary to obtain a technical result or giving substantial value to the goods. (3) Marks being of such a nature as to deceive the public (4) Marks consisting of or containing the flag of a Convention country. (5) Armorial emblems or any other state emblems. (6) Marks being contrary to public policy or to accepted principles of morality.

What are the relative grounds for refusal?

Relative grounds for refusal of a trademark in Cyprus include:

There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

What is the time period from application to registration for a straightforward trademark application in your country?

The time period from application to registration in Cyprus is between 6-12 months.

Is late renewal of a trademark registration permissible in your country?

Yes, late renewal of a trademark registration is permissible in Cyprus. In accordance with the Cyprus Trademarks Law (Cap.268) (as recently amended), an application for renewal and payment of the renewal fee can be made within the last six months of the trademark protection duration. Such a renewal application can also be done within an additional period of six months after the end of the protection period but shall be subject to a 50% increase in the official fee payable. If no renewal is made following the expiration of the six-month grace period, then the trademark shall be struck off by the registrar.

Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?

Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Cyprus. In the context of cancellation proceedings filed by a third party, a rightsholder will have to submit evidence that the mark is genuinely used in Cyprus by the registrant or with his or her consent during five consecutive years.

Are trademark licensees required to record themselves with the Registrar?

Yes, trademark licensees are required to record themselves with the Registrar in Cyprus. Trademark licenses are mandatory, pursuant to Article 19(6) of the recently amended Cyprus Trademarks Law, it is compulsory to record on the Cyprus Trademarks Register a trademark license for the grant of an exclusive or a nonexclusive license to use a Cyprus trademark or an IR designating Cyprus, in the entire territory of the Republic of Cyprus or part thereof. The same registration procedure is also applicable to sub-licenses granted by the registered licensee. Furthermore, there is an obligation to notify the Registry in case of termination or amendment of the license agreement, in order to keep the Register updated.

What are the available enforcement methods in your country?

Available enforcement methods in Cyprus include:

Civil enforcement
- Infringement action
- Passing off
Administrative enforcement
Border or other administrative enforcement measures

Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?

None identified.

Trademarks

Cyprus

Trademarks

Cyprus

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