Guidance

Application's publication and objection

Provided that your application is accepted for registration, the Intellectual Property Section proceeds with the publication of the decision in the Official Gazette.

Correction of errors during publication

In case you identify obvious errors, within the publication of your trademark's registration, that may be attributed to the Intellectual Property Section, you may request their correction by submiting, either through the trademark's e-filing system or by hand / post, the application for correction of obvious errors (form Ε.Σ 09). It is noted that no fees are paid with the submission of the said form.

e-filing

Objection to trademark's registration

Any objections to the registration of your trademark can be submitted within three (3) months from the publication of the Registrar's decision.

In case where an objection to registration (form Ε.Σ 14) of your trademark has been submitted, either through the trademark's e-filing system or by hand / post, to the Intellectual Property Section, and provided that the Section is satisfied that the objection is admissible, it notifies you of the objection, the documents and the evidence supporting it. It is noted that with the submission of the said form, the fee of three hundred fourty eight euro (€348) is paid.

e-filing

Amicable settlement

In case where the objection is based on relative reasons of objection, the Section notifies, both you and the objector, that within two (2) months of the notice date, you may amicably resolve the dispute. It is noted that the said deadline may be extended up to a maximum of six (6) months, upon the request of both parties.

In case where the parties resolve the dispute by amicable settlement, within the above relevant deadline, they inform accordingly the Section by submitting, either through the trademark's e-filing system or by hand / post, the form for the notification of compromise-based resolution of dispute  (form Ε.Σ 15) and the objection procedure is deemed to have been completed. It is noted that no fees are paid with the submission of the said form.

e-filing

Substantiation of objection by the objector

In case an amicable settlement has not been achieved, within the said deadline, the Section requests the objector to submit, either through the trademark's e-filing system or by hand / post, within two (2) months, the form for the substantiation of objection / application for declaration of voidness (form Ε.Σ 16), in relation to the existence, validity and extent of protection of the earlier trademark or right, along with the relevant evidence, such as:

• evidence of use of widely-known trademark within the territory of the Republic of Cyprus;
• evidence that the mark enjoys a reputation within the territory of the Republic of Cyprus or the European Union;
• evidence regarding the acquisition, continuous existence and extension of protection of a name of origin or geographical indication;
• evidence regarding the acquisition, continuous existence and extension of protection of an non-registered trademark or distinctive characteristic used in transactions;
• certificate of submission of registration's application.

It is noted that no fees are paid with the submission of the said form. Failure to file the said objector's evidence within the prescribed deadline, automatically leads to the application's rejection.

e-filing

Substantiation by applicant - proof of use

Provided the Section is satisfied that the objection is admissible, it sends the objector's evidence to the applicant, requesting the latter to submit, within two (2) months of the relevant notice date, his/hers own observations in support of the application.

At the same time, in case of objection on the basis of an earlier registered trademark, for which the five-year period of use from the submission, or priority, date has passed, where applicable, and for which the objector has not submitted evidence of use, the applicant may request that the objector proves that the latter has made substantial use or the existence of reasonable cause for the non-use of the earlier registered trademark.

Consequently, within the deadline of two (2) months from the date of the Section's notice regarding the submission of observations on the objection, the applicant may submit, either through the trademark's e-filing system or by hand / post:

• form for respondent's observations / respondent's application for voidness (form Ε.Σ. 17) with relevant evidence; or
• request for proof of substantial use (form Ε.Σ. 18); or
• both of the forms above.

It is noted that no fees are paid with the submission of the said forms. Failure to file the said applicant's forms within the prescribed deadline, results to the issuance of a decision on the objection.

e-filing 

Objector's response

The Section forwards to the objector the above mentioned observations of the applicant and/or the request for proof of substantial use and requests that the objector submits within two (2) months of the relevant notice date, either through the trademark's e-filing system or by hand / post, the observations and, depending on the case, proof of substantial use by form Ε.Σ 19. Evidence of substantial use of earlier registered trademark concern the place, time, extent and nature of use and are, for example, packagings, labels, price lists, invoices, photographs or advertisements.

It is noted that no fees are paid with the submission of the said form.

If the objector fails to timely prove the substantial use of his/hers mark or that there is reasonable cause for the non-use, the objection is dismissed. In case where the objector proves substantial use of trademark only for part of the products or services, the objection proceeds only for the relevant part of products or services.

The objector's response is forwarded by the Intellectual Property Section, at the objector's care, to the applicant for information purposes only.

e-filing

Applicant's observations

In case where the applicant chose to submit an application for proof of substantial use and the objector submitted the relevant evidence of substantial use as per above, the applicant may co-submit, through trademark's e-filing system or by hand / post, his/hers observations on the proof of use together with his/hers observations on the substance of the objection (form Ε.Σ. 17), in case where the latter has not already been submitted.

Additional observations

In exceptional cases and upon request of the parties, the Intellectual Property Section may, before the issue of decision, allow the parties to submit, either through the trademark's e-filing system or by hand / post, further observations and evidence along with the application for additional observations (form Ε.Σ 20). It is noted that no fees are paid with the submission of the said form.

e-filing

Extension of deadline

Upon the submission of a reasonable request, either through the trademark's e-filing system or by hand / post, with the application for extension of deadline/suspension of procedure  (form Ε.Σ 11) and provided that it is deemed justified under the circumstances, the Section may grant an extension to any deadline during the registration, objection or other procedure pending before it. It is noted that no fees are paid with the submission of the said form.

The said extension of deadline may depend on the assent of all parties.

e-filing

Hearing

The objection procedure is conducted in writing, however upon the submission of a reasonable request,either through the trademark's e-filing system or by hand / post, with the hearing application (form Ε.Σ 21) and provided that this is deemed justified under the circumstances, the Section may allow oral hearing. It is noted that no fees are paid with the submission of the said form.

e-filing

Termination of procedure

Any of the parties to an application, objection, discount or voidness procedure of a trademark may terminate the procedure before its conclusion, by submitting, either through the trademark's e-filing system or by hand / post, the application for completion of procedures (form Ε.Σ 5) and bears the costs incurred by the other party. It is noted that no fees are paid with the submission of the said form.

e-filing

Issue of decision

Subsequently, the Section proceeds with the issue of decision, either for rejection of the objection or for acceptance of the objection, in its entirety or partially for particular products or services.

The Registrar's decision is subject to recourse before the Administrative Court. The Recourse is notified to the Office.