A. Trade Marks Law and Practice in CYPRUS:

Trademarks in Cyprus are governed by the Trade Marks Law, Cap. 268 of the Statute Laws of Cyprus and its amendments and the relevant trade Marks rules as issued and amended. The Law and the Rules are based on the British Law and have been in force in Cyprus since the colonial days, before the declaration of the Cyprus Republic in 1960.

Trade Marks are registered for an initial period of seven years, after which the registration may be renewed for periods of fourteen years. Applications for renewal maybe made at any time within three months of the expiry date.

Trade marks are registered in respect of particular goods or classes of goods. Service marks may also be registered in Cyprus (since 19 November 1990)

The procedure for the registration of a trade mark in Cyprus is as follows:

An application is submitted to the registrar on the prescribed form, giving all the relevant details such as the name and/or picture of the mark, the required class or Part of the Registry, a description of the mark and the products it covers and the name, address and occupation of the applicant. Any advocate in Cyprus may be appointed as agent with respect to the registration of trade marks, provided he/she is supplied with a Power of Attorney. In practice, however, there are law offices specializing in trade marks. The Law provides that only advocates can deal with trade mark matters.

On receipt of the application and fee, the Registrar conducts a search to establish the registrability of the mark according to the provisions of the law.

If there are no complications, the mark is registered and a certificate is issued. If there are problems, the registrar writes asking for further particulars or clarifications, or setting out his objections and his reasons for them. The registrar may query the correctness of the class applied for, may ask for the exact meaning or pronunciation of a word or words in a language other than Greek, Turkish or English, may ask for explanations as to what picture represents and so on.

The registrar's objections may be refuted with a "considered reply" in which the applicant argues his views. If the Registrar is convinced to withdraw his objections, the mark is accepted. However, the registrar may impose conditions or propose a disclaimer, an amendment or a limitation with respect to use of colour or colours.

If the applicant cannot accept the Registrar' s decision, then recourse is made to the Supreme Court, whose attitude in general is a conservative one. They tend, to find that they cannot interfere with the registrar discretionary powers, though this does not mean that they always accept the Registrar' s decision.

When an application is accepted, whether this is effected outright or after exchange of arguments and under certain conditions, the Registrar advertises the mark in the official Gazette, inviting anyone wishing to oppose the registration to do so within two months (extensions of time are given). If there is such opposition, the applicant is automatically notified of it and given the chance to reply. Only after this hurdle is passed, does the registrar proceed with the issue of the certificate.

Α registered trade mark may be assigned to a person who may register his title as assignee with the registrar. Also, a person may become the registered user of a trade mark, though this use of the mark is considered to be use of the proprietor of the mark and such right is not assignable.

The Trade Marks Law, in its role as a protection of the rights of the proprietors of trade marks and of the general public, contains α host of provisions which act as safety devices. Persons whose interests are affected by the non registration or "wrong" registration of trade marks may use various mechanisms within the law to rectify the situation. They can oppose registration and they can apply for expungement of registered trade marks. In appropriate cases there are also remedies for infringement and passing-off. Further, Cyprus has signed and ratified the Paris Convention for the Protection of Industrial Property which is embodied in the Cyprus Municipal Law (Laws 63/65 and 66/830.

As Cyprus is now moving towards joining the European Union, the country is trying to harmonize her laws with EU directives. The trade Marks laws of Cyprus are influenced by the U.K. 1αω of 193 8, whereas the UK enacted α new law in 1994 aligning their legislation to that of the European Union. It is obvious that Cyprus must also harmonize her trade mark laws with those of the European Union.

Another significant point is that in recent years, there has been α great increase in the volume of foreign trade mark applications in Cyprus. This shows the increased importance the Cyprus economy has for foreign countries. This trend is expected to continue.

(Article published by Dr. Christos Α. Theodoulou in Coopers and Lybrand, Spotlight in Cyprus, 1995 p. 21 )

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