MICHAELIDOU & CONSTANTINOU L.L.C

Renewal of Cyprus Trademarks

The Intellectual Property series

Cyprus Trademark Renewal: Renewal Periods, Deadlines and Late Renewals

A trademark registered in Cyprus must be renewed within the prescribed time limits in order to remain in force. Failure to renew a registration on time may result in additional fees and, if the applicable deadlines are missed, the removal of the trademark from the Register.

The applicable renewal date should always be checked carefully, particularly in the case of older Cyprus trademark registrations that were registered or renewed under the previous trademark regimes.

Duration and Renewal of Cyprus Trademarks

Under the current Cyprus trademark regime, a registered trademark is valid for a period of 10 years from the filing date and may thereafter be renewed for successive periods of 10 years.

There is no limit to the number of times a trademark may be renewed, provided that the applicable renewal requirements and deadlines are complied with.

However, different registration and renewal periods applied under the previous Cyprus trademark regimes. This is particularly relevant when determining the renewal date of older registrations.

Trademarks Registered Under the Previous Regime

Cyprus trademark law changed significantly in 2020, including the rules governing the duration and renewal of registered trademarks.

Under the previous regime, a Cyprus trademark was registered for an initial period of 7 years and could thereafter be renewed for successive periods of 14 years.

Under the current regime, a Cyprus trademark is registered for a period of 10 years and may thereafter be renewed for successive periods of 10 years.

Particular care should therefore be taken when determining the renewal date of an older Cyprus trademark, especially where the registration was obtained or last renewed under the previous regime.

Accordingly, the renewal date of an older registration should not simply be calculated by applying the current 10-year period to the original filing or registration date. The history of the particular registration and any renewals effected under the previous regime should be taken into account.

How to Determine the Renewal Date

The next renewal date of a Cyprus trademark is normally stated on the latest renewal certificate issued in respect of the registration.

Trademark owners should therefore refer to their most recent renewal certificate when determining the applicable renewal deadline.

Where the latest renewal certificate has been lost, is unavailable or cannot be located, the renewal date should be verified by reference to the records maintained by the Cyprus Registrar of Companies and Intellectual Property.

This is particularly important for older registrations that may have been registered or renewed under the previous 7-year and 14-year periods.

When Can a Cyprus Trademark Be Renewed?

A Cyprus trademark may generally be renewed during the six-month period preceding its renewal date.

Where possible, the renewal should be completed during this period rather than being left until after the renewal date. Timely renewal avoids additional fees and reduces the risk of the registration being inadvertently lost.

Trademark owners, particularly those maintaining portfolios containing several registrations, should therefore monitor their renewal dates carefully.

Late Renewal – The Six-Month Grace Period

If a Cyprus trademark is not renewed by its renewal date, it may still be possible to renew the registration during a further six-month grace period, subject to payment of the prescribed additional fee.

The grace period provides an important safeguard where a renewal deadline has been missed. Nevertheless, trademark owners should not ordinarily rely upon it, as late renewal results in additional costs and may create unnecessary uncertainty concerning the status of the registration.

What Happens If the Grace Period Is Also Missed?

Where a trademark has not been renewed within the applicable renewal period or the subsequent six-month grace period, the law stipulates that the registration shall be removed from the Register.

At that stage, the matter is no longer an ordinary trademark renewal.

Depending on the circumstances and the applicable provisions of Cyprus trademark law, it may be possible to apply for the restoration or reinstatement of the registration. Such an application may require the proprietor to provide an explanation and supporting evidence concerning the failure to renew the trademark within the prescribed period.

A trademark owner who discovers that both the renewal deadline and the grace period have expired should therefore seek advice promptly. The procedure and any remedy available will depend upon the circumstances of the particular registration and the time that has elapsed.

Is Evidence of Use Required for Renewal?

The renewal of a Cyprus trademark is primarily an administrative procedure and, as a general rule, the proprietor is not required to submit evidence of use of the trademark merely in order to renew the registration.

Renewal should, however, be distinguished from the separate legal requirements relating to the genuine use of registered trademarks.

A registered trademark may, in certain circumstances, become vulnerable to revocation where it has not been put to genuine use for the period prescribed by law. The fact that a trademark has been successfully renewed does not, by itself, prevent a subsequent challenge based on non-use.

Trademark owners should therefore distinguish between maintaining the registration through timely renewal and maintaining the use necessary to preserve the rights arising from that registration.

Renewal for Only Some Goods or Services

Where a trademark is registered for several goods or services, the proprietor may no longer require protection for everything covered by the existing registration.

In appropriate circumstances, a trademark may be renewed with a reduced scope of protection.

Any decision to remove goods or services from the registration should, however, be considered carefully. Once protection has been surrendered, recovering it may require the filing of a new trademark application and may be affected by rights acquired by third parties in the meantime.

Checking the Registered Proprietor's Details

A forthcoming trademark renewal also provides a useful opportunity to check whether the particulars recorded on the Register remain accurate.

The proprietor should consider whether its registered name and address are correct and whether any transfer of ownership has been properly recorded.

This can be particularly important following a company name change, merger, acquisition, corporate restructuring or assignment of intellectual property rights.

Where the information appearing on the Register is no longer accurate, the appropriate recordal should be considered together with the renewal of the trademark.

Frequently Asked Questions About Cyprus Trademark Renewals

How often must a Cyprus trademark be renewed?

Under the current regime, a Cyprus trademark is registered for a period of 10 years and may be renewed for successive periods of 10 years.

Older trademarks may have been registered and renewed under the previous regime, under which the initial registration period was 7 years, followed by renewals for periods of 14 years. Even old trademarks when renewed they are renewed for 10 years.

Where can I find the renewal date of my trademark?

The next renewal date will normally be stated on the latest renewal certificate issued in respect of the trademark.

If the latest renewal certificate has been lost or cannot be located, the renewal date should be verified against the records maintained by the Cyprus Registrar of Companies and Intellectual Property. We will be glad to  review and confirm the renewal date. 

How early can a Cyprus trademark be renewed?

A Cyprus trademark may generally be renewed during the six months preceding its renewal date.

What happens if the renewal date has already passed?

A further six-month grace period is generally available, subject to payment of the prescribed additional fee.

What happens if the six-month grace period has also expired?

The trademark may be removed from the Register. Depending on the circumstances and the applicable legal provisions, restoration or reinstatement may be possible. Advice should be sought promptly, as the available procedure and remedies will depend on the circumstances of the particular case.

Is proof of use required when renewing a Cyprus trademark?

Generally, proof of use is not required as part of the ordinary renewal procedure. However, separate rules relating to revocation for non-use may apply.

Can a Cyprus trademark be renewed indefinitely?

Yes. Under the current regime, a Cyprus trademark may be renewed for successive periods of 10 years without a fixed maximum number of renewals, provided that the applicable requirements and deadlines are satisfied.

Cyprus Trademark Renewal Services

Our firm assists local and international trademark owners with the renewal and maintenance of Cyprus trademark registrations.

Our services include reviewing and confirming renewal dates, filing trademark renewals within the ordinary renewal period, handling late renewals during the applicable grace period, reviewing the status of expired registrations, and recording changes affecting the registered proprietor or the trademark.

We can also assist with older Cyprus trademark registrations that were registered or renewed under the previous regime, including determining the applicable renewal date.

Where the latest renewal certificate has been lost, is unavailable or cannot be located, we can assist in verifying the registration and its renewal particulars with the Cyprus Registrar of Companies and Intellectual Property before proceeding with the renewal.

Where a renewal deadline has already passed, the matter should be addressed as soon as possible. The options available will depend upon the status of the registration, the time that has elapsed and the applicable statutory requirements.

For further information or assistance with the renewal of a Cyprus trademark, please contact us.

This publication is provided for general information purposes only and does not constitute legal advice. Specific legal advice should be obtained having regard to the facts and circumstances of each particular case.

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