Amendments to the Trademarks Law
On June 12, 2020, an amending law implementing the EU Trademarks Directive (2015/2436) into Cypriot law, was published in the official Gazette of the Republic of Cyprus, pursuant to which the vast majority of the provisions of the Trademarks Law, Cap. 268, (the "Trademarks Law") has been replaced.
Major amendments indicated herein below:
1. Graphical representation no longer required.
2. Ability to submit non-traditional trademarks (simplification of definition to cover new types of signs including colours, the shape of goods, the packaging of goods and sounds).
3. Updated procedures for filing, examination, approval and registration of trademarks.
4. Introduction of multi-class applications.
5. Modification of the trademark protection duration to consecutive 10-year periods.
6. Consolidation of fees for the entire registration process.
7. Introduction of a “cooling off” period in opposition proceedings, aimed at encouraging amicable settlements.
8. Abolition of the requirement for a power of attorney.
9. Simplification of transfer procedures.
10. Introduction of the possibility of filing missing documents via an online system.
11. Extension of opposition period to three (3) months following publication.
12. Protection period extended from seven years to 10 years. Renewals also apply for 10 years.
13. Publication of trademark applications on the website of the Official Intellectual and Industrial Property Section.
14. Introduction of non-use as a defence to opposition and cancellation.