Chrysostomides Legal Update: Cyprus Trade Marks Law – Registrar clarifies revised procedures

Further to the enactment of the new amending Cyprus Trademarks Law (CAP.268) by the Cyprus House of Representatives, and following requests by Cyprus law firms, the Registrar of Trademarks  issued a number of clarifications regarding the new trademark procedures.

Below are some clarifications provided in order to facilitate clients’ business and trademark matters under Cyprus law.

1. As regards trademark applications for figurative marks, only one representation of a proposed mark must be submitted when filing a trademark application using Form TM02.
2. Trademark renewals are filed using one Form TM07 for each trademark to be renewed.
3. Under the new law, changes in registration details such as a change of name, address, etc are filed by submitting Form 08. No accompanying documents are necessary.
4. As regards the filing of a transfer of a trade mark, the Registrar has clarified that Form TM10 may be used for the partial transfer of goods and/or services of one trademark registration. Form TM10 can be signed either by both parties to the transfer (or their lawyers), or by one of the parties with the other party signing a declaration of the validity of the transfer. A transfer can be applied for both before and after the registration process is completed and can be done for some or all of the goods and/services for which a trademark is applied for/registered.
5. All trademarks for which a certificate of registration or renewal has been issued after the entry into force of the new law, will have a protection period of ten (10) years.
6. Regarding applications published under the new law, the period for filing or submitting an opposition is three (3) months from the date of publication of the application. For those applications that have already been published before the enactment of the new law, the period indicated in the publication is valid, i.e. two (2) months from the date of publication of the application.
7. Under the new law, evidence can be filed with the Notice of Opposition if deemed necessary. Evidence must also be filed at a later stage when substantiating the opposition.

For more information and updates on the above, please contact the Intellectual Property Law team at Chrysostomides.