The Republic of Cyprus possesses many advantages to attract investment and promote economic development, especially in tourism and international trade. Located at the crossroads of Europe, Asia and the Middle East, Cyprus serves as an important gateway for international trade activities. Cyprus has many advantages to develop the tourism industry such as possessing many unique cultural and natural heritages that attract tourists, so it opens up investment opportunities in tourism-related fields such as hotels, restaurants, amusement parks. In addition, the Cypriot government has many preferential policies to attract foreign investment and impose competitive corporate tax rates. Currently, there are many tourism companies in particular and other foreign-invested companies established in Cyprus. To be able to distinguish your brand from other competitors, it is essential for businesses to do when deciding to invest here is to register a trademark. Viet An Law would like to guide customers to preliminary procedures for trademark registration in Cyprus through the article below.
Legal basis
Industrial Design Protection Act 2002;
Trademark Regulations 2020
Definition of “trademark” in Cyprus
A trademark is a special element, or combination of elements, used to distinguish one business’s products or services from those of other businesses, such as:
To be trademarked, a trademark must include certain elements, such as words, drawings, numbers, colors, sounds, product shapes, or packaging, that meet all the prerequisites.
Unique signs
The trademark intended for registration must:
Ability to differentiate one business’s product or service from the products or services of other businesses.
Clearly and accurately identify beneficiaries of protection.
The sign is not registered as a trademark
Signs that cannot be trademarked include, but are not limited to:
No distinctive features: Not special enough to differentiate a product or service.
Descriptive: Merely describing the product, quality, quantity, use, value, geographic origin, time of production/service provision,…
Become customary: Has become a buzzword in trading.
Function-based only: Product shape according to the function inherent or necessary for technical results.
Violation of fine customs: Contrary to fine customs.
Misleading the public: Causing confusion about the nature, quality, or geographic origin of a product or service.
Includes unlicensed national emblems/badges/badges.
Influencing other protection systems such as trademarks of origin, geographical indications,…
Registration for malicious purposes
The sign is registered only as part of a trademark
Signs that cannot be trademarked include, but are not limited to:
Similar to a previously registered trademark (ethnic, European, international) for the same or similar products/services, risking public confusion.
Confusion with a previously registered trademark as above but a lower level of confusion.
Affecting the reputation of a trademark previously established in the country/European Community, the use of the latter will take advantage of or damage the reputation of the former.
Infringement of pre-existing name, identity, copyright, or other industrial property rights .
Cause confusion with the trademark being used in Cyprus at the time of application, if the filing is in bad faith.
Register on behalf of the legal beneficiary without authorization.
To register and protect your trademark, complete and submit form Ε.Σ. 02 with the following documents:
Representations of trademarks (except where trademarks are just words).
Where priority is requested:
The statement refers to the date and country of previous application.
A certified copy of the previously submitted application or the filing certificate of the competent authority.
Certified translation into Greek of priority documents.
Trademark registration fees in Cyprus
A fee of €141 (€141) for the first class of products/services and €102 (€102) for each additional class.
For collective marks or certification marks, the fee is €443 (€443) for the first class and €128 (€128) for each additional class.
How to file a trademark application in Cyprus
To file for trademark protection in Cyprus, you can apply using the following filing methods:
Direct Filing: You can go directly to the office of the Registrar of Companies and Intellectual Property, Ministry of Energy, Trade and Industry of Cyprus at Corner Makarios Av. &; Karpenisiou Str. 1427 Nicosia to file the application and related documents.
By Post: You can send your application form and all required documents via postal service or courier service to the address of the Registrar of Companies and Intellectual Property, Ministry of Energy, Trade and Industry of Cyprus at Corner Makarios Av. &; Karpenisiou Str. 1427 Nicosia.
Trademark registration in Cyprus via the Madrid system
The Republic of Cyprus is a member of the Madrid System, which allows businesses to register trademarks in Cyprus and many other countries with a single application. This can be a time- and cost-saving option compared to registering individually in each country.
Prepare documents
Check trademark readiness: Check if your trademark is potentially registered in Cyprus and other countries of interest. Businesses can use the free online tools of WIPO (World Intellectual Property Organization) to do this.
Fill out an international application (Form MM2): Submit your application in English, French or Spanish. Businesses can get the application form on the WIPO website. The application should include:
Information about the business (individual or business)
Representation of the company’s trademark
A list of goods or services for which the business wants trademark protection
Designate Cyprus as one of the countries where the business wants to register a trademark
Submit an application
Submit the application and related fees to the National Intellectual Property Office (NIPO). In Cyprus, this body is the Department of Registrar of Companies and Intellectual Property.
NIPO will review the enterprise’s application and forward it to WIPO.
WIPO will conduct international procedures
WIPO will examine the enterprise’s application and publish it in the International Trademark Journal.
Cyprus then has 18 months to decide whether to accept or reject the business’s application.
Decision of the Republic of Cyprus
If the Republic of Cyprus accepts the business’s application, its trademark will be registered in Cyprus. The business will receive an official notification from Cyprus.
If the Republic of Cyprus rejects the enterprise’s application, the business can appeal this decision.
Advantages of registering a trademark in Cyprus through the Madrid System:
Save time and costs: Simply submit one application instead of multiple for each country.
Easy management: Manage all your business’s international trademark registrations from one place.
International reputation: The trademark of the enterprise is protected in many countries.
Disadvantages of registering a trademark in Cyprus through the Madrid System:
Higher Application Fees: International registration fees are usually higher than national registration fees.
Longer review process: International review processes may take longer than country review processes.
Trademark registration service in Cyprus of Viet An Law Firm
Carry out the search and notify you in writing the result of the trademark search in Cyprus;
Draft the dossier and directly file and monitor the status of the filing of the trademark application in Cyprus on behalf of the trademark owner;
Inform, advise and handle deficiencies/refusals of competent State authorities (if any) in the process of monitoring trademark applications in Cyprus;
Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Cyprus.
Receive dispatches, certificates and hand over to customers (if any).
If you wish to file a trademark application in Cyprus, please contact Viet An Law Firm for the most effective support.
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