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Trademarks
In the era of innovation, digitalisation and tough competition, trademarks constitute a key form of intellectual property right for the global business market. In other words, trademarks, form one of the most fundamental cornerstones of your business; giving a unique and identifiable character to the services and/or products you provide.
Trademarks play a crucial role in distinguishing your business from your competitors and safeguarding not only your business' reputation, but, protecting your clients' rights, as well, by enabling them to rely on well-established and well-known brands of services and/or products.
Undoubtedly, trademarks have now become more valuable, than ever, for the survival of a business, indicating a consistent level of quality for services and/or products.
Registering a trademark grants to its proprietor exclusive rights over distinctive signs, including, inter alia, names, logos, colours, images, patterns, shapes, packaging of goods, or sounds.
Pursuant to the relevant legislative framework, the term "trademark", refers to any distinctive sign/mark which is used, or, proposed to be used, in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user of that trademark.
International classification of goods and services also known as the Nice Classification (NCL) was established by the Nice Agreement (1957) and it constitutes a system of classifying goods and services for the purpose of registering trademarks. International classification of goods and services consists of 45 different classes, (classes 1-34 include goods and classes 35-45 embrace services).
Different levels of trademark protections exist. Our law firm operates at national, EU and international level regarding Trademark registrations and we can assist you at any level.
Registration of Trademarks at National (CY) Level:
In order to register a trademark, in accordance with Cypriot legislative and/or regulatory framework, a relevant application has to be filed at the Intellectual and Industrial Property Section of the Registrar of Companies and Official Receiver. National trademark registrations will be protected only in those countries where they are registered.
Outline of Registration Procedure:
The decision of the Registrar shall be subject to appeal to the Court.
Duration of Registration:
The trademark registration is valid for a 7-years' period. Upon the expiration of 7-years' the trademark may be renewed for additional 14-years' period, at a time.
Infringement:
It shall be noted that in case the rights of a proprietor, as they derive from the registration of a trademark are infringed, the proprietor retains the right to initiate legal proceedings against the infringer which our law firm can handle.
Registration of EU trademarks:
If you need your trademark to be protected at EU level, then you shall, definitely, apply registration of your trademark through the European Union Intellectual Property Office (EUIPO). It is ideal in case you wish to expand your business operations in EU level, since a single EUTM registration results in a trademark being valid in all current and future EU Member States.
Outline of Registration Procedure:
What kind of signs may be registered as EU trademarks?
According to the relevant regulatory and/or legislative framework, an EU trade mark may consist of any sign, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
Duration of Registration:
The trademark registration is valid for a 10-years' period. Upon the expiration of the 10-years' period the trademark may be renewed for additional 10-years' period, at a time.
Registration of an International Trademarks:
An international trademark may be registered either with the trademark office of each country in which you are seeking protection, or, through World Intellectual Property Organisation (WIPO). The International Trademark System, is known as the Madrid System which gives you the opportunity to file a single application to apply for protection in up to 122 countries.
In order to apply for an international trademark, you may be either a natural person, or, a legal entity, provided that you are domiciled, have an industrial or commercial establishment in, or be a citizen of one of the 122 countries covered by the Madrid System's 106 members.
What kinds of signs may be registered as international trademarks?
A word or a combination of words, letters, and numerals can perfectly constitute a trademark. Furthermore, trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or colour shades used as distinguishing features.
Outline of the Registration Procedure:
Duration
An international trademark lasts for 10 years' period. Upon expiration of the 10-years' period, the trademark may be renewed for additional 10-years' period, at a time.
Our opinion as a law firm is to treat your trademark as one of the most vital and enduring assets of your business, providing value beyond your core business and paving the way for expansion.
Don't forget; it is through your brand name that your business will be remembered.