Implementations of EU Directive 2015/2436 concerning trademarks have recently been adopted in Cyprus by subsequently amending the Trademarks Law, Cap.268 (hereafter the “Law”). Significant amendments have been introduced regarding the registration and protection of trademarks which streamlines and enables the registration process to be more structured and cost-effective. Some of the most notable amendments include the following:
- The introduction of more simplified procedures for the submission, examination, approval, registration as well as the transfer of trademarks.
- The introduction of reduced registration fees, particularly in relation to the registration of trademarks in multiple classes.
- Rejections to registrations can now to be filled within three months from the date of publication of the relevant decision. The Law further permits the relevant parties to come to an amicable settlement within the minimum period of two months during the rejection period, before filing the relevant documents concerning such rejection.
- Non-traditional characteristics for example colour, scent and sound can now be registered and safeguarded as trademarks, since the graphical representation is not anymore a requirement for the trademark registration.
- The protection period of a trademark was extended to ten years and renewals can be requested for an additional period of ten years.
- A power of attorney granting authority to a lawyer to register a trademark is no longer a prerequisite. If the applicant would like to authorise a lawyer to proceed with the application on his behalf, the lawyer can now sign a written declaration on the specified application form.
- A third party has the option to file a cancellation claim which may be successful if it is proved that there has been no genuine use of a trademark for a continuous period of five years. Therefore, the proprietor has to prove that the original trademark was genuinely used during the five years before the filing date of the subsequent trademark application
Please note that the content of this article is intended to provide a general guide to the subject matter and does not constitute legal advice.
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