The transposition of Directive (EU) 2015/2436 took place in June 2020, as the Cyprus Parliament voted in favor of the newly amended Trade Mark Law N.63(Ι)/2020 on June 5th of 2020, while the Law got published in the Οfficial Journal of the Republic on June 17th of 2020.
The new legislation consists of the transposition of the EU Directive and the establishment of an ultra modern digital system which renders the procedure into a faster and more effective registration of trade marks in the country. The Law ensures the following simplifications:
- Establishment of a multi-class national digital system;
- The suspension of Power of Attorney supports;
- The introduction of new a application procedure;
- The diminishment of registration fees;
- The establishment of a new registration procedure;
- The introduction of timeframes for the filing of oppositions, cancellations and/or revocations;
- The suspension of the E.S.1 Form, which used to be a signed by the trade mark owner and filed by their attorney;
- The diminishment of costs per class;
- The extension of the duration of the force of registration from 7 to 10 years;
- The introduction of new types of trade marks;
- The extension of the refusal or invalidity grounds for the registration of a new trade mark.
The newly established digital system shall from now on save time and facilitate the procedure, as it does not require the presence of the trade mark owner in the Republic of Cyprus. The competent department of the Registrar of Companies shall examine, verify and publish the newly registered trademark online, while the legal representatives of the trade mark owners shall no longer have to appear before the public authorities in person. The online platform has been created by the administrative organs of the Republic of Cyprus in collaboration with the EUIPO and the European Cooperation Programme and launched right after the entry into force of the new Law.
The above-mentioned provisions also apply in respect of non-procurement related expenditure, in respect of procurement-related expenditure and in respect of revenue other than the revenue arising from VAT own resources. These offenses are subject to a conviction of 6 months until four 4 years, while the term may range from 4 to 8 years in case of a fraudulent gain exceeding the amount of 100.000 Euros.
The present article is for informational purposes only and does not, under any circumstances, constitute legal advice. For further information on the matter, please contact Arsen Theofanidis LLC and one of our attorneys shall get in touch with you.
Advocate – Legal Consultant
Arsen Theofanidis LLC