On June 5, 2020, the House of Representatives of Cyprus passed the new Trademarks Legislation incorporating the EU Directive 2015/2436 and amending the Cyprus Trademarks Law (Cap.268).
The new Trademark IP Law in Cyprus encompasses, inter alia: the transposition of Directive (EU) 2015/2436, the introduction of the multi-class application, the abolishment of the need for a power of attorney document, new paper applications and fees.
Furthermore, it has simplified the whole application and registration procedure and brought an end to previous lengthy procedures.
Amongst others, the key changes of the new Trademark IP Law are the following:
- Amendment of trademark protection from 7 to 10 years from the filing date.
- Lien over trademark. Trademarks are considered valuable asset, which can be pledged as security for a debt.
- Updated procedures for filling, examination, approval and registration of trademarks.
- Introduction of the multi-class system.
- New types of signs including colours, sounds, packaging of goods and the shape of goods.
- Single fee for the entire registration process.
- Introduction of a “cooling off” period in opposition proceedings, aiming amicable settlements. The opposition period has been extended from two to three months from the date of publication of the decision of the Registrar, for absolute grounds or relative grounds of refusal.
- Abolishment of the need for a power of attorney document, appointing a lawyer to represent the applicant/holder with a written declaration, verifying that her/she is authorised to submit the application on behalf of the applicant/holder.
- Simplification of the process of transfer of a trademark.
- Online filling of trademarks.
- Introduction of trademark priority claim.
- Trademark applications will be published on the website of the Intellectual and Industrial Property Section of the Registrar of Companies.
For more information and advice on the above, please contact Xenia Kasapi, Head of IP and GDPR, at [email protected].