In Cyprus the registration of trademarks with the Registrar of Companies is governed by the Cyprus Trade Mark Law, CAP 268 and the Trade Mark Rules 1951 as amended. Cyprus law provides for the recordal of a license with the Registrar of Companies however its provisions are not mandatory. A non-registered trade mark will be valid in Common Law.
A licensed user can be registered in respect of only some of the goods and/or services of which the trade mark is registered and there is no timeframe for the recordal of a license with the Registrar of Companies.
The license of the registered user will become effective and enforceable against third parties as soon as the Registrar of Companies is satisfied that the licensee meets all the requirements.
The license will then be published in the Official Gazette of the Republic of Cyprus to inform all registered users.
In order to register a licensed user with the Registrar of Companies an affidavit in written form from the proprietor of the trade mark will have to be issued. Additionally, a statement of the grounds for which the license will be provided and a written consent of the registered user are required.
In relation to infringement proceedings, the registered user is entitled by the Cyprus law to call upon the proprietor of the trade mark to conduct infringement proceedings against other parties. In the case were the proprietor refuses to do so, the trade mark registered user will be in the position to institute proceedings in his own name within a period of two months after the proprietor receives a notice to issue infringements proceedings.
Constantina Georgiou
Michael Chambers & Co. LLC
