A Trade Name is a name under which a Cyprus business (of any legal status) may carry on a trade or provide services. A trade name in Cyprus does not provide any of the benefits of a Cyprus private company limited by shares, however, sole practitioners and businesses alike may prefer to trade under a trade name since commercially it is a more appealing process. A Trade name is not a separate legal entity.
Form Ε.Σ 02, either through the trademark’s e-filing system or by hand / post, accompanied by:
Before proceeding with the application it is required to conduct a search among the registered trademarks.
The procedure takes approximately 5 (months) months in total, provided that no objections to the registration of your trademark is submitted. This includes approximately 2 (two) months from the date of submission of the application to the Registrar of Companies Intellectual Property Section to be notified of whether the Registrar is satisfied with the conditions of the registration’s application and receive relevant number and the application’s submission date. The application will then be published to the Official Gazette and within the period of 3 (three) months from the application’s publication in the Official Gazette, the Registrar of Companies proceeds with the trademark’s registration in the National Trademarks Register, its publication in the Official Gazette and the issuance of National Trademark’s Registration Certificate
Upon its entry into the trademarks register of the Republic of Cyprus, a 10 (ten) year protection is provided which can be extended by its renewal for consecutive periods of ten (10) years each.
International Trademark Registration:
International trademark protection enables you to protect your mark in more than one hundred and twenty (120) Contracting States with a single application under the Madrid system, in one language and by paying a single set of fees.
The Madrid System, administered by the World Intellectual Property Organization (WIPO), offers a simpler, easier and more cost-effective registration and renewal process than filing separate national applications in many countries.
Furthermore, the registration fee for an international application depends on the number of selected parties, the parties (as the fee varies accordingly), the number of classes and whether the mark is in black and white or colourful.
It is a safer option to first wait for the authorities in Cyprus to register the trademark as a national one first, since if not accepted it will mean that the international application will also fail.
Once the Intellectual Property Sector of the Registrar of Companies in Cyprus is satisfied that all, as the case may be, requirements of the law have been met, it will issue an international application number and send the application to the World Intellectual Property Organization (WIPO).
The World Intellectual Property Organization (WIPO) after checking the international application for compliance with the registration instructions, registers the mark in the international register, informs the office of origin, publishes in the official gazette of the international trademark , sends the registration certificate to the registrar to his representative, and shall inform the offices of the Contracting States, which have been designated in the application for international registration.
Subsequently, the national intellectual property offices will examine your trademark, whether the conditions for its registration are met, within twelve (12) to eighteen (18) months or more in the event that an objection to its registration has been registered. Finally, the World Intellectual Property Organization will inform you of their decision.
The registration of an international trademark provides protection initially for ten (10 years) and the possibility of renewal indefinitely for successive periods of ten (10) years.
A European Union trade mark (EUTM) grants you exclusive rights in all current and future Member States of the European Union through a single registration, filed online. It is valid for 10 years and can be renewed indefinitely, for subsequent periods of 10 years.
By registering an EU Trademark, you are granted protection in all EU countries, and no registration in Cyprus will be required, but since you require also protection in Monaco and Switzerland, separate fees will need to be paid in these jurisdictions.
A trade name and a trade mark are not the same. A trade name is a name which may be used to trade under whereas a trade mark is a symbol, figurative or descriptive, which is used to trade with.
Trade Marks are also registered in Cyprus and act as a shield against third parties attempting to pass of the brand as their own. Furthermore at times if the trademark owner identifies that people are attempting to pass off their products and services as those of the trade mark owner, an injunction may be sought along with restrictive measures against the party with compensation where as necessary.
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