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29 March 2017

Trademark procedures and strategies: Cyprus

Trademarks in Cyprus are governed by: the Paris Convention for the Protection of Industrial Property; the World Intellectual Property Organisation Convention; the Madrid Protocol; the Agreement on Trade-Related Aspects of Intellectual Property Rights; EU directives and regulations; the Trademarks Law (Cap 268); and case law.

18 September 2015

Cyprus

Owners of unregistered marks have no right to file an infringement action: in practice, nobody can institute proceedings to prevent or recover damages for the infringement of an unregistered trademark. However, owners of unregistered marks are free to bring a passing-off action against any party which passes off its goods as those of the rights holder and to seek remedies in respect thereof.

05 May 2009

AIRKRAFT to be registered despite earlier provisional refusal

Despite an earlier provisional refusal, the registrar of trademarks has allowed the registration of the trademark AIRKRAFT for goods in Classes 12, 17 and 27 of the Nice Classification, including air springs for vehicles. The registrar concluded that the public would not be deceived or confused as to the nature of the goods.

14 November 2007

MISS COOL to be registered despite earlier provisional refusal

The Cypriot registrar of trademarks has accepted an international application for the registration of the mark MISS COOL despite an earlier provisional refusal. Among other things, the registrar accepted evidence that MISS COOL had acquired distinctive character through use and reputation, as it is already registered in over 50 countries.

11 April 2007

Brakes taken off GOODRIDE registration application

Following an earlier provisional refusal, the Cypriot registrar of trademarks has now accepted an international application for the trademark GOODRIDE in stylized letters in Class 12 of the Nice Classification for the protection of tyres. Among other things, the registrar accepted evidence proving extensive use of the trademark GOODRIDE in Cyprus through importation of the tyres into that country since 2003.

17 March 2006

Debenhams roars to victory in TIGERLILY Case

The registrar of trademarks has allowed the registration of the mark TIGERLILY for goods in Class 25 of the Nice Classification. The registrar concluded that the mark was unlikely to cause confusion with the prior registered marks TIGER ASICS CORPORATION, ASICS TIGER and ASICS TIGER (and cross line device) used for goods in the same class.

16 June 2004

Northern Cyprus trade and IP enforcement discussions ongoing

Although the recent referendum on the reunification of Southern and Northern Cyprus was unsuccessful, negotiations have begun to lift some of the trade embargoes against Northern Cyprus. As Northern Cyprus's IP enforcement system is unlikely to meet EU standards, Southern Cyprus may be prepared to allow indirect trade between Northern Cyprus and the European Union through its official trade channels.

12 February 2004

Cyprus not ready to accept international applications

The Cyprus Trademarks Registry has announced that it will not be ready to accept international trademark applications until the end of March, even though the Madrid Agreement and Protocol came into force in that country last November. Some administrative arrangements with WIPO's International Bureau still need to be finalized.