Amending law brings welcome changes to Cyprus Trademark Law

The House of Representatives of Cyprus has now enacted a new Trademarks Law, transposing the European Trademarks Directive (Directive (EU) 2015/2436) and  amending the Cyprus Trademarks Law (Cap.268). The amending law significantly changes the Cyprus legal system of registration, maintenance and protection of trade marks and is expected to have important practical and legal consequences.

Below are just some of the key changes brought by the amending law to the Cyprus Trademarks Law (Cap.268).

1. Updated procedures for filing, examination, approval and registration of trademarks.
2. Introduction of multi-class applications.
3. Simplification of definition to cover new types of signs including colours, the shape of goods, the packaging of goods and sounds.
4. Modification of the trademark protection duration to consecutive 10-year periods.
5. Consolidation of fees for the entire registration process.
6. Introduction of a “cooling off” period in opposition proceedings, aimed at encouraging amicable settlements.
7. Abolition of the requirement for a power of attorney.
8. Simplification of transfer procedures.
9. Introduction of the possibility of filing missing documents via an online system.
10. Extension of opposition period to three (3) months following publication.
11. Publication of trademark applications on the website of the Official Intellectual and Industrial Property Section.
12. Introduction of non-use as a defence to opposition and cancellation.

For more information and updates on the above, please contact our firm’s Intellectual Property team.