Guidance

Examination of application

Substantiation of revocation

In case where the Section deems that no evidence substantiating the application has been submitted, requests from the applicant to submit such evidence, either through the  trademark's e-filing system or by hand/post, within two (2) months accompanied with the form for substantiating revocation (form Ε.Σ. 24).

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

The relevant document may depending on the case, include the following:

• copy of certificate of submission of application for trademark registration;
• copy of certificate of registration and, where appropriate, of the most recent certificate of renewal;
• particulars evidencing that the said trademark become widely known within the territory of the Republic of Cyprus;
• particulars evidencing that the said trademark enjoys reputation within the territory of the Republic of Cyprus or of the European Union.

In case of no timely compliance or in case were the evidence submitted is deemed insufficient, the Section rejects the application.

e-filing 

Observations and proof of use by beneficiary

Provided that the Intellectual Property Sections deems that the evidence submitted is insufficient, it sends the applicant’s application and evidence to the beneficiary of the national trademark, who must, within two (2) months of receipt of relevant notice, submit their own observations and evidence.

At the same time, in case where the application for declaration of revocation is submitted due to no substantial use, the Section request from the beneficiary, within two (2) months, to submit evidence in relation to the substantial use of their trademark or that there is reasonable cause for its non-use. Evidence of substantial trademark use concern the place, the time, the extent and nature of use and is, for example, packaging, labels, price lists, invoices, photographs or advertisements.

The observations and, depending on the case, the evidence of substantial trademark use are submitted either through the  trademark's e-filing system or by hand/post,  accompanied by the form Ε.Σ. 25. It is noted that no fees are paid with the submission of this form.

Failure to submit observations or evidence of use by the beneficiary within the prescribed deadline leads to the issue of decision on the basis of documents and evidence that have already been submitted.

e-filing 

Applicant’s response to declaration of revocation

The observations submitted by the trademark beneficiary are forwarded by the Section to the applicant and, provided it is deemed appropriate, the latter is requested to submit within two (2) months, either through the  trademark's e-filing system or by hand/post, their observations on the beneficiary’s observations and, depending on the case, the evidence of substantial use, by the form for observations of applicant for revocation (form Ε.Σ. 26).

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

In case of submission of reply by the applicant, this is forwarded by the Section to the beneficiary for his information.

e-filing 

Additional observations

In exceptional cases and upon request of the parties, the 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 by the application for additional observations (form Ε.Σ. 20). It is noted that no fees are paid with the submission of this form.

e-filing 

Extension of deadline

Upon a reasoned request submitted, either through the trademark's e-filing system or by hand/post, with the application for deadline extension / procedure suspension (form Ε.Σ. 11) and provided that this is deemed justified under the circumstances, the Section may grant extension to any deadline or procedure suspension during the examination procedure of the application for declaration of revocation pending before it.

It is noted that no fees are paid with the submission of the this form. Such extension may be subject to the agreement of all parties.

e-filing 

Hearing

The procedure for revocation declaration is carried out in writing, however, upon a reason request submitted, either through the trademark's e-filing system or by hand/post, with the submission of 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 this form.

e-filing 

Termination of procedure

Any of the parties in a trademark declaration of revocation may terminate the procedure before its conclusion, by submitting, either through the  trademark's e-filing system or by hand/post, the application for closing of procedures (form Ε.Σ. 05) and is burdened with the costs suffered by the other party. It is noted that no fees are paid with the submission of this form.

e-filing