Trade and Service Marks

– Trade Marks Law No. 206/90, effective since November 19, 1990, amending the Trade Marks Law Cap. 268, i.e. Trade Marks Law Cap. 268 as amended by Law No. 63/62, 69/71 and 206/90.
– Law No. 176(I)/2000, in force since December 29, 2000.
– Law No. 63(I)/2020, in force since June 12, 2020.
– Law No. 107(I)/2021, in force since May 12, 2021.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 30, 1973.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 3, 1984.
– Convention Establishing the World Intellectual Property Organization (WIPO), since October 26, 1984.
– WTO’s TRIPS Agreement, since July 30, 1995.
– Trademark Law Treaty, since April 17, 1997.
– Madrid Agreement Concerning the International Registration of Marks, and Protocol, since November 4, 2003.
– European Union Trade Mark Regulation.

Filing

Applicant: the registration is granted on a first-to-file basis. Any person claiming to be the proprietor of a trademark must appoint an attorney to file an application. 

Foreigners and nationals not living in the country: must appoint a practicing attorney as local agent. 

Definition: a mark which comprises of any sign capable of being represented graphically, names of persons, pictures, letters, numbers, the shape of goods or their packaging, if they are distinctive. 

Register: Part B of the Register has been abolished (Law 176(I)/2000). Now, there is only one Register, granting all registered trademarks the same level of protection.

Not registrable: a trademark or a service mark identical or similar to one already on the Register in respect of the same class and/or same list of goods and, in summary, if it lacks distinctiveness and/or is misleading. However, in a recent case of June 27, 2008 (Revisional Appeal No. 25/2006, Jaguar Cars Limited V the Republic of Cyprus) it was held that in certain cases an identical posterior mark cannot be registered even if the marks are in different classes. 

Colored marks, sound marks and marks for shapes of products: registrable.

Service marks: registrable.

Certification trademarks: registration possible.

Collective marks: provided for.

Series of marks: several trademarks which are identical or similar to each other in respect of the same goods should be registered as associated trademarks.

Classification: international. 

Multi-class applications are registrable. Trademark owners can now request removal from the list of products/services of their trademarks of products or services that they are no longer interested in.

Filing requirements for an application (to be sent to local agent):
1. 1 print of the mark even for a word mark;
2. The names and addresses of each partner if applicants are a partnership;
3. The specification of goods. Class headings of the Nice Classification are accepted, with the exception of the following headings which are considered vague and uncertain: Class 7 - Machines, Class 37 - Repairs/Installation services, Class 40 - Treatment of materials, Class 45 - Personal and social services offered by third parties to meet individual needs.

Note: a power of attorney is no longer required. All applications and other documents must be filed in the official Greek language. 

Electronic filing: available.

For change of name/address: no documents are required for the recordal of a change of name or address.

For assignments: no documents are required for the recordal of assignments.

Examination

Examination: an examination as to the registrability of the trademark is carried out by the Examiner, and the applicant is informed of any objection.

Appeals: a recourse by way of appeal may be filed against the Registrar’s decision not to accept a mark (being administrative acts), or against any decision of the Registrar (e.g. in opposition proceedings), before a judge of the Administrative Court, within a mandatory time limit of seventy-five days as from the date of delivery of the Registrar’s decision. An appeal against the decision in the recourse may be filed before the plenary of the Supreme Court in its appellate jurisdiction.

A letter of consent is acceptable by the Registrar in order to overcome an objection based on an older registration, but this does not mean that the Registrar will invariably waive the objection. The letter of consent may be simply signed.

Disclaimers: available.

Division of application: possible.

Publication: after the acceptance of the mark by the Registrar, the same is published on the website of the Registrar of Companies and Official Receiver.

Opposition: may be filed within three months from the date of publication. Extensions of time can be requested and it is up to the Registrar to decide.

Protection

The Trademarks Law renders full protection to proprietors of trademarks of both local and foreign nationalities. 

Delivery of document: the registration certificate is issued in paper format.

Duration: the registration of a trademark is granted originally for a period of ten years from the filing date.

Renewals: a trademark may be renewed at the expiration thereof for a period of ten years and so on after the expiration of each like period. Grace period: six months with fine.

Use: a mark may be taken off the Registry, if there has been no bona fide use of the mark for five consecutive years. Cancellation ex officio is excluded. Use by a licensee is considered as valid trademark use provided the license has been recorded at the Trademark Office. Publication and advertisement in newspapers and periodicals circulating in Cyprus is also considered as valid use.

Marking of the registered goods: optional. 

Assignment: must be registered at the Trademark Office.

Licenses: must be registered at the Trademark Office in order to be valid against third parties and to support valid trademark use (see above, under “Use”).

Rights of prior user: not available. 

Cancellation: the registration may be cancelled if the mark has lost its distinctive character, if the mark has become misleading or contrary to law and order or to morality, or for non-use for the last five years. Action for the cancellation of a registration may be brought before the Court or the Trademark Office by anyone who has an interest therein.

Registration of invalidated marks: possible. 

Infringement: an infringement or a passing-off action is tried by the District Court of the respective district in which the cause of action arose, and an appeal lies to the Supreme Court in its appellate jurisdiction. Law 121(I) of 2006, published in the Official Gazette on July 28, 2006, provides for sanctions against the infringer. In case the infringer did not abide by an order of the Court, then the Court may impose damages and/or imprisonment of up to three years. Further, the Court may oblige a litigant to give to the opponent particulars such as details of bank documents, names and addresses of persons or companies who manufactured or distributed the infringing articles and other relevant information.

European Union Trademark (EUTM) Conversion

The procedure to convert an EUTM into a national trademark is the same as the one for a national mark in the Cyprus Registry. 

Requirement: the conversion documents along with a translation into Greek and affidavit of a translator.  

Time limit to submit the document for conversion: two months from the notification by the Cypriot Registrar.