WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/CYP/T /1 
31 January 1997 
(97-0358) 
Original' English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
Cyprus 
The present document reproduces! The Trade Marks Law, Cap. 268, as amended, as notified 
by Cyprus under Article 63.2 of the Agreement (see document IP/N/lICYP/1). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Chypre 
Le présent document contient le texte de la Loi sur les marques, Chap. 268, telle qu'elle a été 
modifiée!, notifiée par Chypre au titre de l'article 63'2 de l'Accord (voir le document IP/N/1/CYP/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÂRRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
En el presente documento se reproduce! el capitulo 268 de la Ley de Marcas de Fâbrica 0 de 
Comercio, con sus modificaciones, notificado por Chipre en virtud de 10 dispuesto en el pârrafo 2 deI 
articulo 63 deI Acuerdo (véase el documento IP/N/lICYP/1). 
lEnglish only/anglais seulement/en inglés solamente. IP/N/lICYP/T/l 
Page 2 
section TABLE OF CONTENTS 
THE TRADE MARKS LAW 
1. Short title 
DEFINITIONS 
2. Interpretation 
REGISTRATION, INFRINGEMENT AND OTHER 
SUBSTANTIVE PROVISIONS 
The register 
3. The Register of Trade Marks. 
Effect of registration and the action for 
infringement 
4. No action for infringement of unregistered trade 
mark 
5. Registration to be in respect of particular goods 
or services 
6. Right given by registration in Part A, and 
infringement thereof 
7. Right given by registration in Part B, and 
infringement thereof 
8. Infringement by breach of certain restrictions 
9. Saving for vested rights 
10. Saving for use of name, address, or description 
of goods 
Registrability and validity of registration 
11. Distinctiveness requisite forregistration in 
Part A 
12. Capability of distinguishing requisite for 
registration in Part B 
13. Prohibition of registration of deceptive, etc. 
matters 
14. Prohibition of registration of identical and 
resembling trade marks 
15. Registration in Part A to be conclusive as to 
validity after seven years 
16. Registration subject to disclaimer 
17. Words used as name or description of an article 
or substance or services 
18. Effect of limitation as to colour, and absence 
thereof 
... / ... IP/N/lICYP/T/l 
Page 3 
Procedure for, and duration of, 
registratioin 
19. Application for registration 
20. Opposition to registration 
21. Registration 
22. Duration and renewal of registration 
23. Registration of parts of trade marks and of 
trade marks as a series 
Assignment and transmission 
24. Powers of, and restrictions on, assignment 
and transmission 
25. Certain trade marks ta be associated so as to 
be assignable and transmisible as a whole only 
26. Power of registered proprietor to assign and 
give receipts 
27. Registration of assignments and transmissions 
Use and non-use 
28. Removal from register and imposition of 
limitations on ground of non-use 
29. Registered us ers 
30. Proposed use of trade mark by corporation to be 
constituted, etc. 
31. Use of one of associated or substantially 
identical trade marks equivalent to use of 
another 
32. Use of trade mark for export trade 
Rectification and correction of the register 
33. General power to rectify entries in register 
34. Power to expunge or vary registration for 
breach ofcondition 
35. Correction of register 
36. Alteration of registerd trade mark 
37. Adaptation ofentries in register to amended or 
substituted classification ofgoods or services 
37A Certifying trade marks -First Schedule 
GENERAL AND MISCELLANEOUS 
Rules and fees 
38. Power of the Council of Ministers ta make Rules 
39. Fees 
... / ... IP/N/lICYP/T/l 
Page 4 
Powers and duties of Registrar 
40. preliminary advice by Registrar as to 
distinctiveness 
41. Hearing before exercise of Registrar's 
discretion 
42. Power of Registrar to award costs 
43. Annual reports by Registrar 
Legal proceedings and recours es 
44. Registration to be prima facie evidence by validity 
45. Certificate of validity 
46. Costs of Registrar in proceedings before Court, 
and payment of costs by Registrar 
47. Trade usage, etc to be considered 
48. Registrar's appearance in proceedings involving 
rectification 
49. Procedure in cases of option to apply to court 
or to Registrar 
Evidence 
50. Mode of giving evidence 
51. Evidence of entries in register 
52. Evidence of things done by Registrar 
Offences 
53. Falsification of entries in register 
54. Fine for falsely representing a trade mark 
as registered 
Miscellaneous 
55. Change of form of trade connection not to be 
deemed to cause deception 
56. Jointly owned trade marks 
57. Trusts and equities 
58. Recognition of agents 
59. Transitional provisions. Second Schedule 
60. Savings 
FIRST SCHEDULE 
(In accordance with Section 37A} 
CERTIFYING TRADE MARKS 
SECOND SCHEDULE 
(In accordance with Section 59) 
... / ... /AM IP/N/lICYP/T/l 
Page 5 
ASSIGNMENTS AND TRANSMISSIONS (BEFORE APPOINTED 
DAY) WHICH GIVE EXCLUSIVE RIGHTS IN DIFFERENT 
PLACES IN CYPRUS 
SAVING AS TO THE RETROSPECTIVITY OF PROVISIONS 
WHICH RELATE TO ASSIGNMENTS AND TRANSMISSIONS 
ASSOCIATION OF TRADE MARKS WHICH CAN BE ASSIGNED 
OR TRANSMITTED AS A WHOLE ONLY 
PREVIOUS USE OF TRADE MARK BY A PERSON WHO 
BECOMES REGISTERED USER AFTER AN APPLICATION 
WHICH IS SUBMITTED WITHIN ONE YEAR OF 
APPOINTED DAY 
USE OF TRADE MARK FOR EXPORT TRADE BEFORE 
APPOINTED DAY 
-------- ***** --------IP/N/lICYP/T/l 
Page 6 
TRADE MARK LAW 
Short Title 
Cap. 268 
63 of 62 
69 of 71 
206 of 90 1. This Law may be cited as the Trade Marks Law. 
14 of 
50 of 
11 of 
8 of 
40 of 
58 of 
1 of 
35 of 
29 of DEFINITIONS 
2. Interpretation 
(1) In this Law, unless the context otherwise requires, 
the following expressions have the meanings hereby assigned to 
them respectively, that is to say -
"the appointed day" means the date of the commencement of 
this Law, 
"the assignment" means assignment by act of the parties 
concerned, 
"the Court" means the competent District Court except for 
the recourse under Article 146 of the Constitution which is 
exercised before the Supreme Court. 1960 
1962 
1963 
1969 
1970 
1978 
1980 
1982 
1983 * 
"limitations" means any limitations of the exclusive right 
to the use of a trade mark given by the registration of a 
pers on as proprietor thereof, including limitations of that 
right as to mode of use, as to use in relation to goods 
to be sold, or otherwise traded in, in any place within Cyprus 
or as to use in relation to goods to be exported to any market 
outside Cyprus, 
"mark" includes a device, brand, heading, label, ticket, 
name signature, word, letter, numeral, or any combinat ion 
thereof, 
"permitted use" has the meaning assigned to it by sub­
section (1) of section 29, 
"prescribed", means, in relation to proceedings before the 
Court, prescribed by Rules of Court, and, in other cases 
prescribed by this Law or any rules made thereunder, 
"the register" means the register of trade marks kept 
under this Law, 
* See the Table to the Courts of Justice (Amendment) Law 29/83 . 
. . . / ... 2 of N.69/71 
2(a) of 
N.206/90 
2 (b) of 
N.206/90 IP/NIl/CYP/T/l 
Page 7 
"registered trade mark" means a trade mark that is 
actually on the register, 
"registered user" means a pers on who is for the time being 
registered as such under section 29, 
"the Registrar" means the Registrar and Official Receiver 
and includes any other pers on appointed by the Council of 
Ministers to exercise all or any of the powers and perform aIl 
or any of the duties of a Registrar, 
"rules" means rules made by the Council of Ministers under 
section 37 or section 38, 
"trade mark" means except as regards certifying trade 
mark, a mark used or proposed to be used in relation to goods 
or services for the purpose of indicating, or so as to indi­
cate, a connection in the course of trade between the goods or 
services and sorne pers on having the right either as propri­
etors or as registered user to use the mark, whether with or 
without any indication of the identity of that person, 
"transmission" means transmission by operation of law, 
devolution on the personal representative of a deceased 
person, and any other mode of transfer not being assignment. 
(2) References in this Law to the use of a mark shall be 
construed as references to the use of a printed or other 
visual representation of the mark, and references, therein to 
the use of a mark in relation to goods or services shall be 
construed as references to the use thereof upon, or in 
physical or other relation to, goods. 
REGISTRATION, INFRINGEMENT AND OTHER 
SUBSTANTIVE PROVISIONS 
The Register 
3. The register of trade marks. 
(1) These shall continue to be kept at the Office of the 
Registrar for the purposes of this Law the record called the 
register of trade marks, wherein shall be entered all 
registered trade marks with the names, addresses and descrip­
tions of their proprietors, notifications of assignments and 
transmissions, the names, addresses and descriptions of all 
registered users, disclaimers, conditions, limitations, and 
such other matters relating ta registered trade marks as may 
be prescribed. 
(2) The register shall continue to be divided into two 
parts called respectively Part A and Part B. 
. .. / ... IP/N/1/CYP/T/l 
Page 8 
3 of 
N.206/90 
4(a) of 
N.206/90 (3) The register shall at all convenient times be open to 
the inspection of the public, subject to such regulations as 
may be prescribed. 
(4) The register shall be kept under the control and 
management of the Registrar. 
4. Effect of registration and the action for infringement. 
No action for infringement of unregistered trade mark. 
No person shall be entitled to institute any proceeding to 
prevent, or to recover damages for, the infringement of an 
unregistered trade mark, but nothing in this Law shall be 
deemed to affect rights of action against any pers on for pas­
sing off goods as the goods of another pers on or the remedies 
in respect thereof. 
5. Registration to be in respect of particular goods 
or services. 
A trade mark must be registered in respect of particular goods 
or services or classes of goods or services, and any question 
arising as to the class within which any goods or services 
fall shall be determined by the Registrar, whose decision 
shall be final. 
6. Right given by registration in Part A, and infringement 
thereof. 
(1) Subject to the provisions of this section, and of 
sections 9 and 10, the registration (whether before or after 
the commencement of this Law) of a person in Part A of the 
register as proprietor of a trade mark in respect of any goods 
or services shall if valid, give or be deemed to have given to 
that pers on the exclusive right to the use of the trade mark 
in relation to those goods or services and, without prejudice 
to the generality of the foregoing words that right shall be 
deemed to be infringed by any person who, not being the 
proprietor of the trade mark or a registered user thereof 
using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or 
cause confusion in the course of trade, in relation to any 
goods or services in respect of which it is registered, and in 
such manner as to render the use of the mark likely to be 
taken either -
(a) as being use as a trade mark, or 
(b) in a case in which the use is use upon the goods or in 
physical relation thereto or in an advertising circular or 
other advertisement issued to the public, as importing a 
reference to sorne pers on having the right either as 
proprietor or as registered user to use the trade mark or to 
goods with which such a pers on as aforesaid is connected in 
the course of trade. 
. .. / ... 4(b) of 
N.206/90 
5 of 
N.206/90 IP/N/1/CYP/T Il 
Page 9 
(2) The right to the use of a trade mark given by registration 
as aforesaid shall be subject to any conditions or limitations 
entered on the register, and shall not be deemed to be 
infringed by the use of any such mark as aforesaid in any 
mode, in relation to goods to be sold or otherwise traded in, 
in any place, in relation to goods to be exported to any 
market or in relation to services rendered to any place or in 
any other circumstances, to which, having regard to any such 
limitations, the registration does not extend. 
(3) The right to the use of a trade mark given by registration 
as aforesaid shall not be deemed to be infringed by the use of 
any such mark as aforesaid by any person -
(a) in relation to goods connected in the course of trade with 
the proprietor or a registered user of the trade mark if, as 
to those goods or a bulk of which they form part, the pro­
prietor or the registered user conforming to the permitted use 
has applied the trade mark and has not subsequently removed or 
obliterated it, or has at any time expressly or impliedly 
consented to the use of the trade mark; or 
(b) in relation to goods adapted to form part of, or to be 
accessory to, other goods in relation to which the trade mark 
has been used without infringement of the right given as 
aforesaid or might for the time being be so used, if the use 
of the mark is reasonably necessary in order to indicate that 
the goods are so adapted and neither the purpose nor the 
effect of the use of the mark is to indicate otherwise than in 
accordance with the fact a connection in the course of trade 
between any person and the goods. 
(4) The use of a registered trade mark, being one of two or 
more registered trade marks that are identical or nearly 
resemble each other, in exercise of the right to the use of 
that trade mark given by registration as aforesaid, shall not 
be deemed to be an infringement of the right so given to the 
use of any other of those trade marks. 
7. Right given by registration in Part Band infringement 
thereof. 
(1) Except as provided by subsection (2) of this section, the 
registration (whether before or after the commencement of this 
Law) of a pers on in Part B of the register as proprietor of a 
trade mark in respect of any goods or services shall, if valid 
give or be deemed to have given to that pers on the like right 
in relation to those goods or services as if the registration 
had been in Part A of the register, and the provisions of 
section 6 shall have effect in like manner in relation to a 
trade mark registered in Part B of the register as they have 
effect in relation to a trade mark registered in Part A of the 
register. 
(2) In any action for infringement of the right to the use of 
a trade mark given by registration as aforesaid in Part B of 
... / ... IP/N/1/CYP/T Il 
Page 10 
the register, otherwise than by an act that is deemed to be an 
infringement by virtue of section 8, no injunction or other 
relief shàll be granted to the plaintiff if the defendant 
establishes to the satisfaction of the Court that the use of 
which the plaintiff complains is not likely to deceive or 
cause confusion or to be taken as indicating a connection in 
the course of trade between the goods or services either as 
proprietor or as registered user to use the trade mark. 
8. Infringement by breach of certain restrictions. 
(1) Where, by a contract in writing made with the proprietor 
or a registered user of a registered trade mark, a purchaser 
or owner of goods enters into an obligation to the effect that 
he will not do, in relation to the goods, an act to which this 
section applies, any pers on who, being the owner for the time 
being of the goods and having notice of the obligation, does 
that act, or authorizes it to be done, in relation to the 
goods, in the course of trade or with a view to any dealing 
there with in the course of trade, shall be deemed thereby to 
infringe the right to the use of the trade mark given by the 
registration thereof, unless that person became the owner of 
the goods by purchase for money or money's worth in good faith 
before receiving notice of the obligation or by virtue of a title derived through another who so became the owner therof. 
(2) The acts to which this section applies are -
(a) the application of the trade mark upon the goods after 
they have suffered alteration in any manner specified in the 
contract as respects their state or condition, get-up or 
packing, 
(b) in a case in which the trade mark is upon the goods, the 
alteration, part removal or part obliteration thereof, 
(c) in a case in which the trade mark is upon the goods, and 
there is also thereon other matter, being matter indicating a 
connection in the course of trade between the proprietor or 
registered user and the goods, the removal or obliteration, 
whether wholly or partly, of the trade mark unless that 
other matter is wholly removed or obliterated, 
(d) in a case in which the trade mark is upon the goods, the 
application of any other trade mark to the goodsi 
(e) in a case in which the trade mark is upon the goods, the 
addition to the goods 0 any other matter in writing that is 
likely to injure the reputation of the trade mark. 
(3) In this section references in relation to any gaads ta the 
proprietor, to a registered user, and to the registration, of 
a trade mark shall be construed, respectively, as references 
to the proprietor in whose name the trade mark is registered, 
to a registered user who is registered, and to the registra-
... / ... IP/N/1/CYP/T/1 
Page Il 
tion of the trade mark, in respect of those goods, and the 
expression "upon" includes in relation to any goods a 
reference to physical relation thereto. 
6 of 9. Saving for vested rights. 
N.206/90 
7 of 
N.206/90 
2 of 
N.63/62 
8 of 
N.206/90 Nothing in this Law shall entitle the proprietor or a 
registered user of a registered trade mark to interfere with 
or restrain the use by any pers on of a trade mark identical 
with or nearly resembling it in relation to goods or services 
in relation to which that person or a predecessor in title of 
his has continuously used that trade mark from a date anter­
ior-
(a) to the use of the first mentioned trade mark in relation 
to those goods or services by the proprietor or a predecessor 
in title of his; or 
(b) to the registration of the first mentioned trade mark in 
respect of those goods or services in the name of the pro­
prietor or a predecessor in title of his, 
whichever is the earlier, or to object (on such use being 
proved) to that person being put on the register for that 
identical or nearly resembling trade mark in respect of those 
goods or services under subsection (2) of section 14. 
10. Saving for use of name, address, or description of goods 
or services. No registration of a trade mark shall interfere 
with -
(a) any bon a fide use by a pers on of his own name or of the 
name of his place of business, or of the name, or of the name 
of the place of business, or of any of his predecessors in 
business; or 
(b) the use by any pers on of any bona fide description of the 
character or quality of his goods or services, not being a 
description that would be likely to be taken as importing any 
such reference as is mentioned in paragraph (b) of subsection 
(1) of section 6. 
Il. 
(1 ) 
the 
the Registrability and validity of registration. 
Oistinctiveness requisite for registration in Part A. 
In order for a trade mark to be registrable in Part A of 
register, it must contain or consist of at least one of 
following essential particulars -
(a) the name of a company, individual, or firm, represented in 
a special or particular manner; 
(b) the signature of the applicant for registration or sorne 
predecessor in his business; 
... / ... IP/N/1/CYP/T Il 
Page 12 
2 of 
N.63/62 
9 of 
N.206/90 (c) an invented word or invented words; 
(d) a word or words having no direct reference to the 
character or quality of the goods or services, and not being 
according to its ordinary signification a geographical name or 
a surname. 
(e) any other distinctive mark, but a name, signature or word 
or words, other than such as fall within the descriptions in 
the foregoing paragraphs (a), (b), (c) and (d), shall not be 
registrable under the provisions of this paragraph except upon 
evidence of its distinctiveness. 
(2) For the purposes of this section "distinctive" means 
adapted, in relation ta the goods or services in respect of 
which a trade mark is registered or proposed to be registered, 
ta distinguish goods or services with which the proprietor of 
the trade mark is or may be connected in the course of trade 
from goods or services in the case of which no such connection 
subsists, either generally or, where the trade mark is regis­
tered or proposed to be registered subject ta limitations, in 
relation to use within the extent of the registration. 
(3) In determining whether a trade mark is adapted ta 
distinguish as aforesaid the Registrar may have regard ta the 
extent ta which -
(a) the trade mark is inherently adapted to distinguish as 
aforesaid; and 
(b) by reason of the use of the trade mark or of any other 
circumstances, the trade mark is in fact adapted to distin­
guish as aforesaid. 
12. Capability of distinguishing requisite for registration in 
Part B. 
(1) In arder for a trade mark to be registrable in Part B of 
the register it must be capable, in relation to the goods or 
services in respect of which it is registered or proposed ta be 
registered, of distinguishing goods or services with which the 
proprietor of the trade mark is or may be connected in the 
course of trade from goods or services in the case of which no 
such connection subsists either generally or, where the trade 
mark is registered or proposed to be registered subject to 
limitations, in relation ta use within the extent of the reg­
istration. 
(2) In determining whether a trade mark is capable of 
distinguishing as aforesaid the Registrar may have regard ta 
the extent ta which -
(a) the trade mark is inherently capable of distinguishing as 
... / ... aforesaid; and IP/N/1/CYP/T/l 
Page 13 
(b) by reason of the use of the trade mark or of any other 
circumstances, the trade mark is in fact capable of 
distinguishing as aforesaid. 
(3) A trade mark may be registered in Part B notwithstanding 
any registration in Part A in the name of the same proprietor 
of the same trade mark or any part or parts thereof. 
13. Prohibition of registration of deceptive etc. matter. It shall not be lawful to register as a trade mark or part of 
a trade mark any matter the use of which would, by reason 
of its being likely to deceive or cause confusion or other­
wise, be disentitled to protection in a court of justice, or 
would be contrary to law or morality, or any scandalous 
design. 
10 of 14. Prohibition of registration of identical and resembling 
N.206/90 trade marks. 
(1) Subject to the provisions of subsection (3), no trade mark 
shall be registered in respect of any goods or description of 
goods or services which are closely related with these goods 
that is identical with a trade mark belonging to a different 
proprietor and already on the register in respect of the same 
goods or description of goods or services which are closely 
related with these goods, or that so nearly resembles such a 
trade mark as to be likely to deceive or cause confusion. 
(2) Subject to the provisions of this law, a trade mark cannot 
be registered by any pers on in respect of any services if it 
is essentially identical or resembles in a way that may cause 
confusion a trade mark which is registered or for which an 
application for registration has been submitted by a different 
pers on in respect of the same services, services of the same 
description with those services or goods which are closely 
related with those services. 
(3) In case of honest concurrent use, or of other special 
circumstances which in the opinion of the Court or the 
Registrar make it proper so to do, the Court or the Registrar 
may permit the registration of trade marks that are identical 
or nearly resemble each other in respect of the same goods or 
services or description of goods or services by more than one 
proprietor subject to such conditions and limitations, if any 
as the Court or the Registrar, as the case may be, may think it right to impose. 
(4) Where separate applications are made by different pers ons 
to be registered as proprietors respectively of trade marks 
that are identical or nearly resemble each other, in respect 
of the same goods or services or description of goods or 
services, the Registrar may refuse to register any of them 
until their rights have been determined by the Court, or have 
... / ... IP/N/lICYP/TIl 
Page 14 
11 of 
N.206/90 been settled by agreement in a manner approved by him or, on 
recourse, by the Court. 
15. Registration in Part A to be conclusive as to validity 
after seven years. 
(1) In aIl legal proceedings relating to a trade mark regis­
tered in Part A of the register (including application under 
section 33) the original registration in Part A of the regis­
ter of the trade mark shall, after the expiration of seven 
years from the date of that registration, be taken to be valid 
in all respects, unless -
(a) that registration was obtained by fraudi or 
(b) the trade mark offends against the provisions of section 
13. 
(2) Nothing is subsection (1) of section 7 shall be construed 
as making applicable to a trade mark, as being a trade 
mark registered in Part B of the register, the foregoing 
provisions of this section relating to a trade mark registered 
in Part A of the register. 
16. Registration subject ta disclaimer. 
If a trade mark -
(a) contains any part not separately registered by the 
proprietor as a trade mark; or 
(b) contains matter common to the trade or otherwise of a 
non-distinctive character, the Registrar or the Court, in 
deciding whether the trade mark shall be entered or shall 
remain on the register, may require, as a condition of its 
being on the register -
(1) that the proprietor shall disclaim any right to the 
exclusive use of any part of the trade mark, or to the 
exclusive use of all or any portion of any such matter as 
aforesaid, to the exclusive use of which the Registrar or the 
Court hold him not to be entitled; or 
(II) that the proprietor shall make such other disclaimer as 
the Registrar or the Court may consider necessary for the pur­
pose of defining his rights under the registration: 
Provided that no disclaimer on the register shall affect any 
rights of the proprietor of a trade mark except such as arise 
out of the registration of the trade mark in respect of which 
the disclaimer is made. 
17. Words used as name or description of an article or sub­
stance or services. 
(1) The registration of a trade mark shall not be deemed to 
... / ... IP/N/1/CYP/T Il 
Page 15 
have become invalid by reason only of any use, after the date 
of the registration, of a word or words which the trade mark 
contains, or of which it consists, as the name or description 
of an article or substance or services: 
Provided that, if it is proved either -
(a) that there is a well-known and established use of the 
word or words as the name or description of the article or 
substance or services by a pers on or pers ons carrying on a 
trade therein, not being use in relation to goods or services 
connected in the course of trade with the proprietor or a 
registered user of the trade mark, or 
(b) that the article or substance or services was formerly 
manufactured under a patent (being a patent in force on, or 
granted after, the 27th day of April, 1920) or services pre­
viously rendered under a procedure secured by patent, that a 
period of two years or more after the cesser of the patent has 
elapsed, and that the word or words is or are the only 
practicable name or description of the article or substance or 
services, the provisions of the next succeeding subsection 
shall have effect. 
(2) Where the facts mentioned in paragraph (a) or (b) of the 
proviso to subsection (1) are proved with respect to any word 
or words, then -
(a) if the trade mark consists solely of that word or those 
words, the registration of the trade mark, so far as regards 
registration in respect of the article or substance or ser­
'vices in question or of any goods of the same description or 
of any services of the same description, shall be deemed for 
the purposes of section 33 to be an entry wrongly remaining 
on the register; 
(b) If the trade mark contains that word or those words and 
other matter, the Court or the Registrar, in deciding whether 
the trade mark shall remain on the register, so far as regards 
registration in respect of the article or substance or ser­
vices in question and of any goods of the same description 
or any services of the same description, may in case of a 
decision in favour of its remaining on the register require as 
a condition thereof that the proprietor shall disclaim any 
right to the exclusive use in relation to that article or 
substance or services and any goods of the same description or 
any services of the same description of that word or those 
words, so, however, that no disclaimer on the register shall 
affect any rights of the proprietor of a trade mark except 
such as arise out of the registration of the trade mark in 
respect of which the disclaimer is made; and 
(c) for the purposes of any other legal proceedings relating 
to the trade mark -
(1) if the trade mark consists s01ely of that word or those 
... / ... IP/N/1/CYP/T/1 
Page 16 
words, all rights of the proprietor, by registration or 
otherwise, to the exclusive use of the trade mark in relation 
to the article or substance or services in question or to any 
goods of the same description or any services of the same 
description; or 
(II) if the trade mark contains that word or those words and 
other matter, all such rights of the proprietor to the exclu­
sive use of that word or those words in such relation as 
aforesaid, 
shall be deemed to have ceased on the date at which the use 
mentioned in paragraph (a) of the proviso to the foregoing 
subsection first became well known and established, or at the 
expiration of the period of two years mentioned in paragraph 
(b) of that proviso. 
(3) No word which is the cornmonly used and accepted name of 
any single chemical element or single chemical compound, as 
distinguished from a mixture, shall be registered as a trade 
mark in respect of a chemical substance or preparation, and 
any such registration in force at the commencement of this Law 
or thereafter shall, notwithstanding anything in section 15, 
be deemed for the purposes of section 33 to be an entry made 
in the register without sufficient cause, or an entry wrongly 
remaining on the register, as the circumstances may require: 
Provided that the foregoing provisions of this subsection 
shall not have effect in relation to a word which is used ta 
denote only a brand or make of the element or compound as made 
by the proprietor or a registered user of the trade mark, as 
distinguished from the element or compound as made by others, 
and in association with a suitable name or description open to 
the public use. 
18. Effect of limitation as to colour, and of absence thereof. 
A trade mark may be limited in whole or in part to one or 
more specified colours, and in any such case the fact that it 
is so limited shall be taken into consideration by the Regis­
trar or the Court, as the case may be, having to decide on the 
distinctive character of the trade mark. 
If and so far as a trade mark is registered without limi­
tation of colour, it shall be deemed to be registered for all 
colours. 
Procedure of, and duration of, registration. 
19. Application for registration. 
(1) Any person claiming to be the proprietor of a trade 
mark used or proposed to be used by him who is desirous of 
registering it must apply in writing to the Registrar in the 
prescribed manner for registration either in Part A or in Part 
... / ... B of the register. IP/N/l/CYP/T/1 
Page 17 
(2) Subject to the provisions of this Law, the Registrar 
may refuse the application, or may accept it absolutely or 
subject to such amendments, modifications, conditions or 
limitations, if any, as he may thing right. 
(3) In the case of an application for registration of a 
trade mark in Part A of the register, the Registrar may, if 
the applicant is willing, instead of refusing the application, 
treat it as an application for registration in Part Band de al 
with the application accordingly. 
(4) In the case of a refusaI or conditional acceptance, 
the Registrar shall, if required by the applicant, state in 
writing the grounds of his decision and the materials used by 
him in arriving thereat, and the decision shall be subject to 
recourse to the Court. 
(5) A recourse under this section shall be made in the 
prescribed manner, and on the recourse the Court shall, if 
required, hear the applicant and the Registrar, and shall make 
an order determining whether, and subject to what amendments, 
modifications, conditions or limitations, if any, the 
application is to be accepted. 
(6) Recourses under this section shall be heard on the 
materials stated as aforesaid by the Registrar, and no further 
grounds of objection to the acceptance of the application 
shall be allowed to be taken by the Registrar, other than 
those so stated as aforesaid by him, except by leave of the 
Court hearing the appeal. Where any further grounds of 
objection are taken, the applicant shall be entitled to with­
draw his application without payment of costs on giving 
notice as prescribed. 
(7) The Registrar or the Court, as the case may be, may 
at any time, whether before or after acceptance, correct any 
error in or in connection with the application, or may permit 
the applicant to amend his application upon terms as the 
Registrar or the Court, as the case may think fit. 
20. Opposition to registration. 
(1) When an application for registration of a trade mark 
has been accepted, whether absolutely or subject to conditions 
or limitations, the Registrar shall, as soon may be after 
acceptance, cause the application as accepted to be advertised 
in the prescribed manner, and the advertisement shall set 
forth aIl conditions and limitations subject to which the 
application has been accepted: 
Provided that the Registrar may cause an application to be 
advertised before acceptance if it is made under paragraph (e) 
of subsection (1) of section 11, or in another case where it 
... / ... IP/N/lICYP/T/1 
Page 18 
appears to him that it is expedient by reason of any excep­
tional circumstances so to do, and where an application has 
been so advertised the Registrar may, if he thinks fit, 
advertise it again when it has been accepted but shall not be 
bound so to do. 
(2) Any pers on may, within the prescribed time from the 
date of the advertisement of an application, give notice to 
the Registrar of opposition to the registration. 
(3) The notice shall be given in writing in the pre­
scribed manner, and shall include a statement of the grounds 
of opposition. 
(4) The Registrar shall send a copy of the notice to the 
applicant, and within the prescribed time after receipt 
thereof the applicant shall send to the Registrar, in the pre­
scribed manner, a counter-statement of the ground on which he 
relies for his application, and, if he does not do so, he 
shall be deemed to have abandoned his application. 
(5) If the applicant sends such a counter-statement as 
aforesaid, the Registrar shall furnish a copy thereof to the 
pers ons giving notice of opposition, and shall, after hearing 
the parties, if so required, and considering the evidence, 
decide whether, and subject to what conditions or limitations 
if any, registration is to be permitted. 
(6) The decision of the Registrar shall be subject to 
recourse to the Court. 
(7) A recourse under this section shall be made in the 
prescribed manner, and on the recourse the Court shall, if 
required, hear the parties and the Registrar, and shall 
make an order determining whether, and subject to what 
conditions or limitations, if any, registration is to be 
permitted. 
(8) On the hearing of a recourse under this section any 
party may, either in the manner prescribed or by special leave 
of the Court, bring forward further material for the 
consideration of the Court. 
(9) On a recourse under this section no further grounds 
of objection to the registration of a trade mark shall be 
allowed to be taken by the opponent or the Registrar, other 
than those so stated as aforesaid by the opponent, except by 
leave of the Court. Where any further grounds of objection 
are taken, the applicant shall be entitled to withdraw his 
application without payment of the costs of the opponent on 
giving notice as prescribed. 
(10) On a recourse under this section the Court may, after 
hearing the Registrar, permit the trade mark proposed to be 
registered to be modified in any manner not substantially 
... / ... IP/NIlICYP/TIl 
Page 19 
affecting the identity thereof, but in any such case the trade 
mark as so modified shall be advertised in the prescribed 
manner before being registered. 
(11) If a person giving notice of opposition or an 
applicant sending a counter-statement after receipt of a copy 
of such a notice, or an applicant in a recourse, neither 
resides nor carries on business in Cyprus, the Registrar or 
the Court, as the case may be, may require him to give 
security for costs of the proceedings before them relative to 
the opposition or to the recourse as the case may be, and in 
default of such security being duly given may treat the 
opposition or application, or the appeal, as the case may be 
as abandoned. 
21. Registration. 
(1) When an application for registration of a trade mark 
in Part A or in Part B of the register has been accepted, and 
either -
(a) the application has not been opposed and the time 
for notice of opposition has expired; or 
(b) the application has been opposed and the registration 
has been decided in favour of the applicant, 
the Registrar shall, unless the application has been accepted 
in error or unless the court otherwise directs, register the 
trade mark in Part A or Part B, as the case may be, and the 
trade mark, when registered, shall be registered as of the 
date of the application for registration, and that date shall 
be deemed for the purposes of this Law to be the date of reg­
istration. 
(2) On the registration of a trade mark the Registrar 
shall under his hand and seal issue to the applicant a 
certificate in the prescribed form of the registration 
thereof. 
(3) Where registration of a trade mark is not completed 
within twelve months from the date of the application by rea­
son of default on the part of the applicant the Registrar may, 
after giving notice of the non-completion to the applicant in 
writing in the prescribed manner, treat the application as 
abandoned unless it is completed within the time specified in 
that behalf in the notice. 
22. Duration and renewal of registration 
(1) The registration of a trade mark shall be for a 
period of seven years, but may be renewed from time to time in 
accordance with the provisions of this section: 
provided that, in relation to a registration as of a date 
... / ... IP/NIlICYP/TIl 
Page 20 
12 of 
N.206/90 before the appointed day, this subsection shall have effect 
with he substitution of a period of fourteen years for the 
said period of seven years. 
(2) The Registrar shall, on application made by the 
registered proprietor of a trade mark in the prescribed manner 
and within the prescribed period, renew the registration of 
the trade mark for a period of fourteen years from the date of 
expiration of the original registration or of the last renewal 
of registration, as the case may be, which date is in this 
section referred to as "the expiration of the last registra­
tion. " 
(3) At the prescribed time before the expiration of the 
last registration of a trade mark, the Registrar shall send 
notice in the prescribed manner to the registered proprietor 
of the date of expiration and the conditions as to payment of 
fees and otherwise upon which a renewal of registration may be 
obtained, and, if at the expiration of the time prescribed in 
that behalf those conditions have not been duly complied with, 
the Registrar may remove the trade mark from the register, 
subject to such conditions, if any, as to its restoration to 
the register as may be prescribed. 
(4) Where a trade mark has been removed from the register 
for non-payment of the fee for renewal, it shall, neverthe­
less, for the purpose of any application for the registration 
of a trade mark during one year next after the date of the 
removal, be deemed to be a trade mark that is already on the 
register: 
Provided that the foregoing provisions of this subsection 
shall not have effect where the Registrar is satisfied either-
(a) that there has been no bona fide trade use of the trade 
mark that has been removed during the two years 
immediately preceding its removal; or 
(b) that no deception or confusion wou Id be likely to arise 
from the use of the trade mark that is the subject of the 
application for registration by reason of any previous use 
of the trade mark that has been removed. 
23. Registration of parts of trade marks and of trade marks as 
a series. 
(1) Where the proprietor of a trade mark claims to be 
entitled ta the exclusive use of any part thereof separately 
he may apply to register the whole and any such part as 
separate trade marks. 
Each such separate trade mark must satisfy aIl the 
conditions of an independent trade mark and shall, subject to 
the provisions of subsection (3) of section 25 and subsection 
(2) of section 31, have aIl the incidents of an independent 
... / ... trade mark. IP/N/l/CYP/T/1 
Page 21 
(2) Where a pers on claiming to be the proprietor of sev­
eral trade marks, in respect of the same goods or description 
of goods or same services or services of the same description 
which, while resembling each other in the material particulars 
thereof, yet differ in respect of -
(a) statements of the goods or services in relation to 
which they are respectively used or proposed to be 
used; or 
(b) statements of number, priee, quality or names of 
places; or 
(c) other matter of a non-distinctive character which 
does not substantially affect the identity of the 
trade mark; or 
(d) colour, 
seeks to register those trade marks, they may be registered as 
a series in one registration. 
Assignment and Transmission 
13 of 24. Powers of, and restrictions on, assignment and trans-
N.206/90 mission. 
(1) Notwithstanding any rule of law or equity to the con­
trary, a registered trade mark shall be, and shall be deemed 
always to have been, assignable and transmissible either in 
connection with the entire or the remainder goodwill of a 
business or otherwise. 
(2) A registered trade mark shall be, and shall be deemed 
always to have been, assignable and transmissible in respect 
either of ail the goods or services in respect of which it is 
registered, or was registered, as the case may be, or of sorne 
(but not all) of those goods or services. 
(3) The provisions of the two foregoing subsections shall 
have effect in the case of an unregistered trade mark used 
in relation to any goods or services as they have effect in 
the case of a registered trade mark registered in respect of 
any goods or services, if at the time of the assignment or 
transmission of the unregistered trade mark it is or was used 
in the same business as a registered trade mark, and if it is 
or was assigned or transmitted at the same time and to the 
same pers on as that registered trade mark and in respect of 
goods or services ail of which are goods or services in rela­
tion to which the unregistered trade mark it is or was used in 
the same business as a registered trade mark, and if it is or 
was assigned or transmitted at the same time and to the same 
... / ... IP/N/1/CYP/T Il 
Page 22 
pers on as that registered trade mark and in respect of goods 
or services aIl of which are goods or services in relation to 
which the unregistered trade mark is or was used in that busi­
ness and in respect of which that registered trade mark is or 
was assigned or transmitted. 
(4) Notwithstanding anything in the foregoing subsec­
tions, a trade mark shall not be, or be deemed to have been, 
assignable or transmissible in a case in which as a result of 
an assignment or transmission there would in the circumstances 
subsist, or have subsisted, whether by way of registration or 
otherwise exclusive rights in more than one of the person's 
concerned to the use, in relation to the same goods or 
description of goods, of trade marks nearly resembling each 
other or of identical trade marks, if, having regard to the 
similarity of the goods or services and of the trade marks, 
the use of the trade marks in exercise of those rights would 
be, or have been, likely to deceive or cause confusion: 
Provided that, where a trade mark is, or has been, 
assigned or transmitted in such a case as aforesaid, the 
assignment or transmission shall not be deemed to be, or to 
have been, invalid under this subsection if the exclusive 
rights subsisting as a result thereof in the persons concerned 
respectively are, or were, having regard to limitations 
imposed thereon, such as not to be exercisable by two or more 
of those pers ons in relation to goods to be sold or services 
to be rendered, or otherwise traded in, within Cyprus (other­
wise than for export therefrom) or in relation to goods to be 
exported to the same market outside Cyprus or in relation to 
services to be rendered outside Cyprus. 
(5) The proprietor of a registered trade mark who 
proposes to assign it in respect of any goods or services in 
respect of which it is registered may submit to the Registrar 
in the prescribed manner a statement of case setting out the 
circumstances, and the Registrar may issue to him a certifi­
cate stating whether, having regard to the similarity of the 
goods or services and of the trade marks referred to in the 
case, the proposed assignment of the first mentioned trade 
mark would or would not be invalid under the last foregoing 
subsection, and a certificate so issued shall, subject to the 
provisions of this section as to recourse and unless it is 
shown that the certificate was obtained by fraud or 
misrepresentation, be conclusive as to the validity or 
invalidity under the last foregoing subsection of the 
assignment in so far as such validity or invalidity depends 
upon the facts set out in the case, but, as regards a 
certificate in favour of validity, only if application for the 
registration under section 27 of the title of the pers on 
becoming entitled is made within six months from the date on 
which the certificate is issued. 
(6) Notwithstanding anything in subsections (1), (2) and 
(3) of this section, a trade mark shall not, on or after the 
... / ... 14 of 
N.206/90 IP IN 1 1/CYP IT Il 
Page 23 
appointed day, be assignable or transmissible in a case in 
which as a result of an assignment or transmission thereof 
there would in the circumstances subsist, whether by way of 
registration or otherwise, an exclusive right in one of the 
persons concerned to the use of the trade mark limited to use 
in relation to goods to be sold, or otherwise traded in or 
services to be rendered in a place or places in Cyprus, and an 
exclusive right in another of those pers ons ta the use of a 
trade mark nearly resembling the first mentioned trade mark 
or of an identical trade mark in relation to the same goods 
or description of goods or services limited to use in relation 
to goods to be sold, or otherwise traded in or services to be 
rendered in another place or other places in Cyprus: 
Provided that, on application in the prescribed manner by 
the proprietor of a trade mark who proposes to assign it, or a 
of a pers on who claims that a trade mark has been transmitted 
to him or to a predecessor in title of his on or after the 
appointed day, in any such case, the Registrar, if he is 
satisfied that in aIl the circumstances the use of the trade 
marks in exercise of the said rights would not be contrary to 
the public interest, may approve the assignment or trans­
mission, and an assignment or transmission so approved shall 
not be deemed to be, or to have been, invalid under this sub­
section or under subsection (4) of this section, so, however, 
that in the case of a registered trade mark this provision 
shall not have effect unless application for the registration 
under section 27 of the title of the pers on becoming entitled 
is made within six months from the date on which the approval 
is given or, in the case of a transmission, was made before that date. . 
~7) Where an assignment in respect of any goods or 
serVlces of a trade mark that is at the time of the assignment 
used in a business in those goods or services is made, on or 
after the appointed day, otherwise than in connection with the 
entire or the remainder goodwill of that business, the 
assignment shall not take effect until the following require­
ments have been satisfied, that is to say, the assignee must, 
not later than the expiration of six months from the date on 
which the assignment is made or within such extended period, 
if any, as the Registrar may allow, apply to him for directions 
with respect ta the advertisement of the assignment, and must 
advertise it in such form and manner and within such period as 
the Registrar may direct. 
(8) Any decision of the Registrar under this section 
shall be subject to recourse ta the Court. 
25. Certain trade marks ta be associated sa as to be assign­
able and transmissible as a whole only. 
(1) Trade marks that are registered as, or that are 
deemed by virtue of this Law ta be, associated trade marks 
shall be assignable and not separately, but they shall for aIl 
... / ... IP/N/l/CYP/T/l 
Page 24 
other purposes be deemed to have been registered as separate 
trade marks. 
(2) . (a) Where a trade mark that is registered, or is the 
subject of an application for registration, in respect of any 
goods is identical with another trade mark that is registered, 
or is the subject of an application for registration, in the 
name of the same proprietor in respect of the same goods or 
description of goods or services which are closely related 
with those goods, or 50 nearly resembles it as to be likely to 
deceive or cause confusion if used by a pers on other than the 
proprietor, the Registrar may at any time require that the 
trade marks shall be entered on the register as associated 
trade marks. 
(b) Where a trade mark which is registered is the subject 
of an application for registration in relation to any 
services; and 
(i) is substantially the same with another trade mark 
which is registered or is the subject of an application for 
registration in the name of the same proprietor in respect of 
the same services, or services of similar description to these 
services or goods which are closely related with these 
services; or 
(ii) so closely resembles a trade mark that it is possible 
to deceive or cause confusion if it is used by a different 
pers on other than the proprietor, the Registrar may require at 
any time that the trade marks be registered in the register as 
associated trade marks. 
(c) Any decision of the Registrar under this subsection 
shall be subject to recourse to the Court. 
(3) Where a trade mark and any part or parts thereof are, 
by virtue of subsection (1) of section 23, registered as 
separate trade marks in the name of the same proprietor, they 
shall be deemed to be, and shall be registered as, associated 
trade marks. 
(4) AlI trade marks that are, by virtue of subsection (2) 
of section 23, registered as a series in one registration 
shall be deemed to be, and shall be registered as, associated 
trade marks. 
(5) On application made in the prescribed manner by the 
registeredproprietor of two or more trade marks registered as 
associated trade marks, the Registrar may dissolve the associ­
ation as respects any of them if he is satisfied that there 
would be no likelihood of deception or confusion being caused if that trade mark were used by another pers on in relation to 
any of the goods or services in respect of which it is regis­
tered and may amend the register accordingly. 
. .. / ... IP/N/1/CYP/T Il 
Page 25 
Any decision of the Registrar under this subsection shall 
be subject to recourse to the Court. 
26. Power of registered proprietor to assign and give 
receipts. 
Subject to the provisions of this Law, the pers on for the 
time being entered in the register as proprietor of a trade 
mark shall, subject to any rights appearing from the register 
to be vested in any other person, have power to assign the 
trade mark, and to give effectual receipts for any 
consideration for an assignment thereof. 
15 of 27. Registration of assignments and transmissions. 
N.206/90 
(1) Where a person becomes entitled by assignment or 
transmission to a registered trade mark, he shall make 
application to the Registrar to register his title, and the 
Registrar shall, on receipt of the application and on proof 
of title to his satisfaction, register him as the proprietor 
of the trade mark in respect of the goods or services in 
respect of which the assignment or transmission has effect, 
and shall cause particulars of the assignment or transmission 
to be entered on the register. 
(2) Any decision of the Registrar under this section 
shall be subject to recourse to the Court. 
(3) Except for the purposes of a recourse under this sec­
tion or of an application under section 33, a document or 
instrument in respect of which no entry has been made in the 
register in accordance with the provisions of subsection (1) 
of this section shall not be admitted in evidence in any court 
in proof of the title to a trade mark unless the court other­
wise directs. 
16 of 28. Use and non-use 
N.206/90 
Removal from register and imposition of limitations on 
ground of non-use. 
(1) A registered trade mark may be taken off the register 
in respect of any goods or services in respect of which it is 
registered on application by any persan aggrieved to the Court 
or, at the option of the applicant and subject to the provi­
sions of section 49, to the Registrar, on the ground either -
(a) that the trade mark was registered without any bona 
fide intention on the part of the applicant for registration 
that it should be used in relation to those goods or services 
by him, and that there has in fact been no bona fide use of 
the trade mark in relation to those goods or services by any 
proprietor thereof for the time being up to the date one month 
... / ... IP/N/lICYP/T Il 
Page 26 
before the date of the application; 
or 
(b) that up to the date one month before the date of the 
application a continuous period of five years or longer 
elapsed during which the trade mark was a registered trade 
mark and during which there was no bona fide use thereof in 
relation to those goods or services by any proprietor thereof 
for the time being: 
Provided that (except where the applicant has been per­
mitted under subsection (2) of section 14 to register an 
identical or nearly resernbling trade mark in respect of the 
goods or services in question or where the Court or the Regis­
trar as the case may be, is of opinion that he might properly 
be permitted so to register such a trade mark) the Court or 
the Registrar, as the case may be, may refuse an application 
made under paragraph (a) or (b) of this subsection in relation 
to any goods or services, if it is shown that there has been, 
before the relevant date or during the relevant period, as the 
case may be, bona fide use of the trade mark by any proprietor 
thereof for the time being in respect of goods or services for 
which a trade mark is registered -
(a) where the application is in respect of goods: goods 
of the same description to goods or services which are closely 
related to these goods; or 
~b) where the application is in respect of services: 
serV1ces of the same description to the services or the goods 
which are closely related to these services. 
(2) Where in relation to any goods in respect of which a 
trade mark is registered -
(a) the matters referred to in paragraph (b) of subsec­
tion (1) are shown so far as regards non-use of the trade mark 
in respect of goods to be sold, or otherwise traded in, in a 
particular place in Cyprus (otherwise than for export from 
Cyprus), or in respect of goods to be exported to a particular 
market outside Cyprus; and 
(b) a pers on has been permitted under subsection (2) of 
section 14 to register an identical or nearly resembling trade 
mark in respect of those goods under a registration extending 
to use in respect of goods to be sold, or otherwise traded in, 
in that place (otherwise than for export from Cyprus), or in 
respect of goods to be exported to that market, or if the 
court or the Registrar, as the case may be, is of opinion that 
he might properly be permitted so to register such a trade 
mark, 
on application by that pers on to the Court or, at the 
option of the applicant and subject to the provisions of sec-
... / ... IP/N/1/CYP/T Il 
Page 27 
tion 49, to the Registrar, the Court or the Registrar, as the 
case may be, may impose on the registration of the first 
mentioned trade mark such limitations as they think proper for 
securing that that registration shall cease to extend to such 
use as last aforesaid. 
(3) An applicant shall not be entitled to rely for the 
purposes of paragraph (b) of subsection (1), or for the 
purposes of subsection (2), of this section on any non-use of 
a trade mark that is shown to have been due to special 
circumstances in the trade and not to any intention not to use 
or to abandon the trade mark in respect of the goods or ser­
vices to which the application relates. 
17 of 29. Registered users. 
N.206/90 
(1) Subject to the provisions of this section, a pers on 
other than the proprietor of a trade mark may be registered as 
a registered user thereof in respect of all or any of the 
goods or services in respect of which it is registered and 
either with or without conditions or restrictions but subject 
to a degree of control by the registered proprietor. 
The use of a trade mark by a registered user thereof in 
respect of goods or services with which he is connected in the 
course of trade and in respect of which for the time being 
the trade mark remains registered and he is registered as a 
registered user, being use such as to comply with any condi­
tions or restrictions to which his registration is subject is 
in this Law referred to as "the permitted use" thereof. 
(2) The permitted use of a trade mark shall be deemed to 
be use by the proprietor thereof, and shall be deemed not to 
be use by a pers on other th an the proprietor, for the purposes 
of section 28 and for any other purposes for which such use is 
material under this Law or otherwise. 
(3) Subject to any agreement subsisting between the 
parties, a registered user of a trade mark shall be entitled 
to call upon the proprietor thereof to take proceedings to 
prevent infringement thereof, and, if the proprietor refuses 
or neglects to do so within two months after being so called 
upon, the registered user may institute proceedings for 
infringement in his own name as if he were the proprietor, 
making the proprietor a defendant. 
A proprietor so added as defendant shall not be liable for 
any costs unless he enters an appearance and takes part in the 
proceedings. 
(4) Where it is proposed that a pers on be registered as a 
registered user of a trade mark, the proprietor and the 
proposed registered user must apply in writing to the 
Registrar in the prescribed manner and must furnish him with a 
statutory declaration made by the proprietor, or by some 
... / ... IP/N/lICYP/T/l 
Page 28 
person authorized to act on his behalf and approved by the 
Registrar -
(a) giving particulars of the relationship, existing or 
proposed, between the proprietor and the proposed registered 
user, including particulars showing the degree of control by 
the proprietor over the permitted use which their relationship 
will confer and whether it is a term of their relationship 
that the proposed registered user shall be the sole registered 
user or that there shall be any other restriction as to 
pers ons for whose registration as registered users application 
may be made; 
(b) stating the goods or services in respect of which 
registration is proposed; 
(c) stating any conditions or restrictions proposed with 
respect to the characteristics of the goods, or services to 
the mode or place of permitted use, or to any other matter; 
and 
(d) stating whether the permitted use is to be for a 
period or without limit of period, and, if for a period, the 
duration thereof, 
and with such further documents, information or evidence as 
may be reguired under the rules or by the Registrar. 
(5) When the requirements of the last foregoing 
subsection have been complied with, if the Registrar, after 
considering the information furnished to him under that 
subsection, is satisfied that in aIl the circumstances the use 
of the trade mark in relation to the proposed goods or 
services or any of them by the proposed registered user 
subject to any conditions or restrictions which the Registrar 
thinks proper would not be contrary to the public interest, 
the Registrar may register the proposed registered user as a 
registered user in respect of the goods or services as to 
which he is 50 satisfied subject as aforesaid. 
(6) The Registrar shall refuse an application under the 
foregoing provisions of this section if it appears to him that 
the grant thereof would tend to facilitate trafficking in a 
trade mark. 
(7) The Registrar shall, if so reguired by an applicant, 
take steps for securing that information given for the pur­
poses of ~n application under the foregoing provisions of this 
section (other than matter entered in the register) is not 
disclosed to rivaIs in trade. 
(8) without prejudice to the provisions of section 33, 
the registration of a pers on as a registered user 
(a) may be varied by the Registrar as regards the goods 
... / ... IP/N/l/CYP/T/l 
Page 29 
or services in respect of which, or any conditions or 
restrictions subject to which, it has effect, on the 
application in writing in the prescribed manner of the regis­
tered proprietor of the trade mark to which the registration 
relates; 
(b) may be cancelled by the Registrar on the application 
in writing in the prescribed manner of the registered propri­
et or or of the registered user or of any other registered user 
of the trade mark; or 
(c) may be cancelled by the Registrar on the application 
in writing in the prescribed manner of any person on any of 
the following grounds, that is to say: 
(i) that the registered user has used the trade mark 
otherwise than by way of the permitted use, or in such a 
way as to cause, or to be likely to cause, deception or 
confusion; 
(ii) that the proprietor or the registered user 
misrepresented, or failed to disclose, sorne fact material 
to the application for, the registration, or that the 
circumstances have materially changed since the date of 
the registration; 
(iii) that the registration ought not to have been effected 
having regard to rights vested in the applicant by virtue 
of a contract in the performance of which he is 
interested. 
(9) Provision shall be made by the rules for the notification 
of the registration of a pers on as a registered user to any 
other registered user of the trade mark and for the 
notification of an application under the last foregoing 
subsection to the registered proprietor and each registered 
user (not being the applicant) of the trade mark, and for 
giving to the applicant on such an application and to all 
pers ons to whom such an application is notified and who 
intervene in the proceedings in accordance with the rules, an 
opportunity of being heard. 
(10) The Registrar may at any time cancel the registration 
of a persan as a registered user of a trade mark in respect of 
any goods or services in respect of which the trade mark is no 
longer registered. 
(11) Any decision of the Registrar under the foregoing 
provisions of this section shall be subject to recourse to the 
Court. 
(12) Nothing in this section shall confer on a registered 
user of a trade mark any assignable or transmissible right to 
the use thereof. 
. .. / ... IP/N/1/CYP/T/l 
Page 30 
18 of 
N.206/90 30. Proposed use of trade mark by corporation to be 
constituted, etc. 
(1) No application for the registration of a trade mark 
in respect of any goods or services shall be refused, nor 
shall permission for such registration be withheld, on the 
ground only that it appears that the applicant does not use or 
propose to use the trade mark -
(a) If the Registrar or the Court, as the case may be, is 
satisfied that a body corporate is about to be constituted and 
that the applicant intends to assign the trade mark to the 
corporation with a view to the use thereof in relation to 
those goods or services by the corporation; or 
(b) If the application is accompanied by an application 
for the registration of a pers on as a registered user of the 
trade mark, and the Registrar or the Court, as the case may 
be, is satisfied that the proprietor intends it to be used by 
that pers on in relation to those goods or services and the 
Registrar or the Court, as the case may be, is also satisfied 
that that person will be registered as a registered user 
thereof irnrnediately after the registration of the trade mark. 
(2) The provisions of section 28 shall have effect, in 
relation to a trade mark registered under the power conferred 
by subsection (1), as if for the reference, in paragraph (a) 
of subsection (1) of that section, to intention on the part of 
an applicant for registration that a trade mark should be used 
by him there were substituted a reference to intention on his 
part that it should be used by the corporation or registered 
user concerned. 
(3) The Registrar or the Court, as the case may be, may, 
as a condition of the exercise of the power conferred by sub­
section (1) of this section in favour of an applicant who 
relies on intention to assign to a corporation as aforesaid, 
require him to give security for the costs of any proceedings 
before the Registrar or the Court, as the case maybe relative 
to any opposition or recourse, and in default of such security 
being duly given may treat the application as abandoned. 
(4) Where a trade mark is registered in respect of any 
~oods or services under the power conferred by subsection (1) 
ln the narne of an applicant who relies on intention to assign 
to a corporation as aforesaid, then, unless within such period 
as may be prescribed, or within such further period not 
exceeding six months as the Registrar may on application being 
made to him in the prescribed manner allow, the corporation 
has been registered as the proprietor of the trade mark in 
respect of those goods or services, the registration shall 
cease to have effect in respect thereof at the expiration of 
that period, and the Registrar shall amend the register 
accordingly. 
. .. / ... IP/N/lICYP/T/1 
Page 31 
31. Use of one of associated or substantially identical trade 
marks equivalent to use of another. 
(1) Where under the provisions of this Law use of a 
registered trade mark is required to be proved for any 
purpose, the Registrar or the Court, as the case may be, may, if and so far as they think right, accept use of an associated 
registered trade mark, or of the trade mark with additions or 
alterations not substantially affecting its identity, as an 
equivalent for the use required to be proved. 
(2) The use of the whole of a registered trade mark shall 
for the purposes of this Law be deemed to be also a use of any 
registered trade mark, being a part thereof, registered in the 
name of the same proprietor by virtue of subsection (1) of 
section 23. 
32. Use of trade mark for export trade. 
The application in Cyprus of a trade mark to goods to be 
exported from Cyprus, and any other act done in Cyprus in 
relation to goods to be so exported which, if done in relation 
to goods to be sold or otherwise traded in within Cyprus, 
would constitute use of a trade mark therein, shall be deemed 
to constitute use of the trade mark in relation to those goods 
for any purpose for which such use is material under this Law 
or otherwise. 
Rectification and correction of the register 
33. General power to rectify entries in register. 
(1) Any pers on aggrieved by the non-insertion in or 
omiss~on from the register of any entry, or by any entry made 
in the register without sufficient cause, or by any entry 
wrongly remaining on the register, or by any error or defect 
in anyentry in theregister, may apply in the prescribed manner 
to the Court or, at the option of the applicant and subject to 
the provisions of section 49, to the Registrar, and the Court 
or the Registrar, as the case may be, may make such order for 
making, expunging or varying the entry as they may think fit. 
(2) The Court or the Registrar, as the case may be, mayin 
any proceeding under this section decide any question that it 
may be necessary or expedient to decide in connection with 
the rectification of the register. 
(3) In case of fraud in the registration, assignment or 
transmission of a registered trade mark, the Registrar may 
himself apply to the Court under the provisions of this 
section. 
(4) Anyorder of the Court rectifying theregister shal 
direct that notice of the rectification shall be served in the 
prescribed manner on the Registrar, and the Registrar shall on 
••• / Q •• IP/N/1/CYP/T/l 
Page 32 
receipt of the notice rectify the register accordingly. 
(5) The power to rectify the register conferred by this 
section shall include power to remove a registration in Part A 
of the register, to Part B • 
. 34. Power to expunge or vary registration for breach of 
condition. 
On application by any person aggrieved to the Court, or, 
at the option of the applicant and subject tothe provision of 
section 49, to the Registrar, or on application by the Regis­trar to the Court, the Court or the Registrar, as the case may 
be, may make such order as they may think fit for expunging or 
varying the registration of a trade mark on theground of any 
contravention of, or failure to observe, a condition entered 
on the register in relation thereto. 
19 of 35. Correction of register. 
N.206/90 
(1) The Registrar may, on request made in the prescribed 
manner by the registered proprietor -
(a) correct any error in the name, address or description 
of the registered proprietor of a trade mark; 
(b) enter any change in the name, address or description 
of the pers on who is registered as proprietor of a trade 
mark; 
(c) cancel the entry of a trade mark on the register; 
(d) strike out any goods or services or classes of goods 
from those in respect of which a trade mark is registered; or 
(e) enter a disclaimer or memorandum relating to a trade 
mark which does not in any way extend the rights given by the 
existing registration of the trade mark. 
(2) The Registrar may, on request made in the prescribed 
manner by a registered user of a trade mark, correct any 
error, or enter any change, in the name, address or 
description of the register user. 
(3) Any decision of the Registrar under this section 
shall be subject to recourse to the Court. 
36. Alteration of registered trade mark. 
(1) The registered proprietor of a trade mark may apply 
in the prescribed manner to the Registrar for leave to add to 
or alter the trade mark in any manner not substantially 
affecting the identity thereof, and the Registrar may refuse 
leave or may grant it on such terms and subject to such 
limitations as he may think fit. 
. .. / ... 20 of 
N.206/90 IP/N/1/CYP/T Il 
Page 33 
(2) The Registrar may cause an application under this 
section to be advertised in the prescribed manner in any case 
where it appears to him that it is expedient so to do, and 
where he does so, if within the prescribed time from the date 
of the advertisement any person gives notice to the Registrar 
in the prescribed manner of opposition to the application,the 
Registrar shall, after hearing the parties if so reguired, 
decide the matter. 
(3) Any decision of the Registrar under this section 
shall be subject to recourse to the Court. 
(4) Where leave as aforesaid is granted, the trade mark 
as altered shall be advertised in the prescribed manner{ 
unless it has already been "advertised, in the form to which it 
has been altered, in an advertisement under subsection (2) 
of this section. 
37. Adaptation of entries in register to amended or 
substituted classification of goods or services. 
(1) The Council of Ministers mayfrom time to time make 
such rules, prescribe such forms and generally do such things 
as they think expedient, for empowering the Registrar to amend 
the register, whether by making or expunging or varying 
entries therein, so far as may be reguisite for the purpose of 
adapting the designation therein of the goods or services or 
classes of goods or classes of services in respect of which 
trade marks are registered to any amended or substituted 
classification that may be prescribed. 
(2) The Registrar shall not, in exercise of any power 
conferred on him for the purpose aforesaid, make any amendment 
of the register that would have the effect of adding any goods 
or services or classes of goods or classes of services to 
those in respect of which a trade mark is registered (whether 
in one or more classes) immediately before the amendment is to 
be made, or of antedating the registration of a trade mark in 
respect of any goods or services; 
Provided that this subsection shall not have effect in 
relation ta goods or services as to which the Registrar is 
satisfied that cornpliance with this subsection in relation 
thereto would involve undue cornplexity and that the addition 
or antedating, as the case may be would not affect any sub­
stantial guantity of goods or services and would not 
substantially prejudice the rights of any person. 
(3) A proposaI for the arnendrnent of the register for the 
purpose afaresaid shall be natified to the registered 
proprietor of the trade mark affected, shall be subject to 
recourse by the registered proprietor to the Court, shall be 
advertised with any modifications, and may be opposed before 
the Registrar by any pers on aggrieved on the ground that the 
proposed arnendment contravenes the provisions of the last 
... / ... IP/N/lICYP/T/l 
Page 34 
foregoing subsection, and the decision of the Registrar on any 
such opposition shall be subject ta recourse to the Court. 
21 of 37A. Certifying Trade Marks -First Schedule. 
N.206/90 
3 of 
N.69/71 
2-of 
N.206/90 (1) A mark capable of distinguishing in the trade of 
goods or services which are being certified by any persan in 
relation ta quality, accuracy or other characteristic 
including, in the case of goods, the origin, material, mode of 
manufacture, from goods or services which are not being so 
certified, may be registered as a certified trade mark in Part 
A of the Register in relation to these goods or services in 
the name of this persan as proprietor: 
Provided that no such mark is being 50 registered in the 
name of a person who is engaged in the trade of goods of the 
certified kind or in the trade to render services of the 
certified kind. 
(2) In determining whether a mark is capable of 
registering under subsection (1) of the present section the 
Registrar may have regard to the extent to which -
(a) the mark is inherently capable of distinguishing as 
aforesaid; and 
(h) by reason of the use of the mark or of any other 
circumstances, the mark is in fact capable of distinguishing 
as aforesaid. 
(3) Subject to the provisions of sections 9 and 10 and 
subsections (5) and (6) of the present section, the 
registration of a pers on as proprietor of a certifying trade 
mark in respect of any goods or services shall, if valid, give 
to that pers on the exclusive right to the use of the trade 
mark in relation to these goods or services. 
(4) This right shall be deemed as infringed by any persan 
who, not being the proprietor of the trade mark or a pers on 
authorised by him under the regulations in that behalf and not 
using it in accordance with the said regulations uses -
(a) a mark identical with it; or 
(b) a mark so nearly resembling it as ta be likely ta 
deceive or'cause confusion, in the course of trade, in 
relation to anygoods or services in respect of which it is 
registered. 
For the purposes of the present subsection the use of 
the mark is considered as being in breach of the right 
protected by subsection (4) if it is practised in such a 
manner so that the use of the mark -
... / ... IP/N/lICYP/T/l 
Page 35 
(i) is likely to be taken either as being use as a trade 
mark; or 
(ii) in a case in which the use is use upon the goods or 
services or in physical relation thereto or in an advertising 
circular or other advertisement issued to the public, as 
importing a reference to sorne person having the right either 
as proprietor or by his authorisation under the relevant 
regulations to use the trade mark or to goods or services 
certified by the proprietor. 
(5) The right to the use of a certifying trade mark given 
by registration as aforesaid, shall be subject to any 
conditions or limitations entered on the register. 
(6) Where a certifying trade mark being one of two or 
more registered certifying trade marks that are identical or 
nearly resemble each other, the use of any of these trade 
marks in exercise of the right to the use of this trade mark 
given by registration shall not be deemed to be an 
infringement of the right so given to the use of any other of 
these trade marks. 
(7) Regulations approved by the Registrar shal be 
deposited at the Registrar's Office in respect of every trade 
mark registered under this section which shall govern its use 
thereof, and shall include provisions as to the cases in which 
the proprietor is to certify goods or services and authorise 
the use of the trade mark, and including provisions conferring 
a right to appeal to the Registrar against any refusaI of the 
proprietor to certify goods or services or to authorise the 
use of the trade mark in accordance with the regulations. 
Regulations so deposited shall be open to inspection in like 
manner as the register. 
(8) A certifying trade mark shall not be assignable or 
transmissible otherwise than with the consent of the 
Registrar. 
(9) First Schedule. 
The provisions of the First Schedule of the present Law 
shall have effect with respect to the registration of a mark 
under this section and to marks so registered. 
GENERAL AND MISCELLANEOUS 
Rules and Fees 
38. Power of Council of Ministers to make Rules. 
(1) The Council of Ministers may from time to time make 
such Rules, prescribe such forms and generally do such things 
... / ... IP/N/lICYP/T/l 
Page 36 
as they think expedient -
(a) for regulating the practice under this Law, including 
the service of documents; 
(b) for classifying goods for the purposes of 
registration of trade marks; 
(c) for making or requiring duplicates of trade marks and 
other documents; 
(d) for securing and regulating the publishing and 
selling or distributing, in such manner as the Registrar 
thinks fit, of copies of trade marks and other documents; 
(e) generally, for regulating the business of the Office 
of the Registrar in relation to trade marks and aIl things by 
this Law placed under the direction or control of the 
Registrar. 
(2) Rules made under this Law shall, while in force, be 
of the same effect as if they were contained in this Law. 
(3) Any Rules made in pursuance of this section shall be 
published in the official gazette of the Republic of Cyprus. 
39. Fees. 
There shall be paid in respect of applications and regis­
tration and other matters under this Law such fees as may 
be prescribed by thé Council of Ministers. 
Powers and duties of Registrar 
40. preliminary advice, by Registrar as to distinctiveness. 
(1) The power to give advice to a person who proposes to 
apply for the registration of a trade mark in Part A or Part B 
of the register, as ta whether the trade mark appears ta the 
Registrar prima facie to be inherently adapted todistinguish, 
or capable of distinguishing, as the case may be, shall be a 
function of the Registrar under this Law. 
(2) Any such person who is desirous of obtaining such 
advice must make application ta the Registrar therefor in the 
prescribed, manner. 
(3) If on an application for the registration of a trade 
mark as ta which the Registrar has given advice as aforesaid 
in the affirmative, made within three months after the advice 
isgiven, the Registrar, after further investigation or con­
sideration, gives notice to the applicant of objection on the 
ground that the trade mark is not adapted to distinguish, or 
capable of distinguishing, as the case may be, the applicant 
... / ... IP/N/l/CYP/T/l 
Page 37 
shall be entitled, on giving notice ofwithdrawal of the 
application within the prescribed period, to have repaid to 
him any fee paid on the filing of the application. 
41. Hearing before exercise of Registrar's discretion. 
Where any discretionary or other power is given to the 
Registrar by this Law or the rules, he shall not exercise that 
power adversely to the applicant for registration or the 
registered proprietor of the trade mark in question without 
(if duly required so to do within the prescribed time) giving 
to the applicant or registered proprietor an opportunity of 
being heard. 
42. Power of Registrar to award costs. 
In all proceedings before the Registrar under this Law, 
the Registrar shall have power to award to any party such 
costs as he may consider reasonable, and to direct how and by 
what parties they are to be paid, and any such order may, 
byleave of a judge of a District Court, be enforced in the 
same manner as a judgment or order of that Court to the same 
effect. 
43. Annual reports of Registrar. 
The Registrar shall issue an annual report on the 
execution by him of this Law. 
Legal proceedings and recourses. 
44. Registration to be prima facie evidence of validity. 
In all legal proceedings relating to a registered trade 
mark(including applications under section 33) the fact that a 
pers on is registered as proprietor of the trade mark shall be 
prima facie evidence of the validity of the original regis­
tration of the trade mark and of aIl subsequent assignments 
and transmissions thereof. 
45. Certificate of validity. 
In any legal proceeding in which the validity of the 
registration of a registered trade mark cornes into question 
and is decided in favour of the proprietor of the trade mark, 
the Court may certify to that effect, and if it so certifies 
then in any subsequent legal proceeding in which the validity 
of the registration cornes into question the proprietor of the 
trade mark on obtaining a final order or judgment in his 
favour shall have his full costs, charges and expenses as bet­
ween advocate and client, unless in the subsequent proceeding 
the Court certifies that he ought not to have them. 
Costs of Registrar in proceedings before Court, and payment of 
costs by Registrar. 
. .. / ... IP/N/lICYP/T/l 
Page 38 
46. In aIl proceedings before the Court under this Law the 
costs of the Registrar shall be in the discretion of 
the Court, but the Registrar shall not be ordered to pay the 
costs of any other of the parties. 
47. Trade usage etc. to be considered. 
In any action or proceeding relating to a trade mark or 
trade name, the Court or the Registrar, as the case may be, 
shall admit evidence of the usages of the trade concerned and 
of any relevant trade mark or trade name or get-up legit­
imately used by other persons. 
48. Registrar's appearance in proceedings involving 
rectification. 
(1) In any legal proceeding in which the relief sought 
includes alteration or rectification of the register, the Reg­
istrar shall have the right to appear and be heard, and shall 
appear if so directed by the Court. 
(2) Unless otherwise directed by the Court, the Registrar 
in lieu of appearing and being heard may submit to the Court a 
statement in writing signed by him, giving particulars of the 
proceedings before him in relation to the matter in issue or 
of the grounds of any decision given by him affecting it or of 
the practice of his Office in like cases of such other matters 
relevant to the issues, and within his knowledge as Registrar, 
as he thinks fit, and the statement shall be deemed to form 
part of the evidence in the proceeding. 
49. Procedure in cases of option to apply to Court or 
Registrar. 
Where under any of the foregoing provisions of this Law an 
applicant has an option to make an application either to the 
Court or to the Registrar -
(a) If an action concerning the trade mark in question is 
pending, the application must be made to the Court; 
(b) If in any other case the application is made to the 
Registrar, he may, at any stage of the proceedings, refer the 
application to the Court, as he may, after hearing the 
parties, determine the question between them subject to 
recourse to the Court. 
Evidence 
50. Mode of giving evidence. 
In any proceeding under this Law before the Registrar, the 
evidence shall be given by affidavit in the absence of 
directions to the contrary, but, in any case in which he 
••• i' •• ) 3(1) of 
166/87 
23 of 
N.206/90 IP/N/1/CYP/T/l 
Page 39 
thinks it right so to do, the Registrar may take evidence 
voce in lieu of or in addition to evidence by affidavit. 
such affidavit may in the case of recourse be used before 
Court, but if so used shall have all the incidents and 
consequences of evidence by affidavit. viva 
Any 
the 
In case any part of the evidence is taken viva voce, the 
Registrar shall, in respect of requiring the attendance of 
witnesses and taking evidence on oath, be in the same position 
in aIl respects as the Court. 
51. Evidence of entries in register. 
(1) A printed or written copy of any entry in the 
register, purporting to be certified by and under the hand of 
the Registrar and sealed with the seal of his Office, shall be 
admitted in evidence in all courts, and in aIl proceedings, 
without further proof or production of the original. 
(2) Any pers on requiring such a certified copy as 
aforesaid shall be entitled to obtain it on payment of the 
prescribed fee. 
52. Evidence of things done by Registrar. 
A certificate purporting to be under the hand of the 
Registrar as to any entry, matter or thing that he is 
authorized by this Law or the rules to make or do shall be 
prima facie evidence of the entry having been made, and of the 
contents thereof, and of the matter or thing having been done 
or not done. 
Offences. 
53. Falsification of entries in register. 
If any pers on makes or causes to be made a false entry in 
the register, or a writing falsely purporting to be a copy of 
an entry in the register, or produces or tenders or causes to 
be produced or tendered in evidence any such writing, knowing 
the entry or writing to be false, he shall be guilty of an 
offence and shall on conviction be liable to imprisonment not 
exceeding one year or to a fine not exceeding one thousand 
pounds or to both such imprisonment and fine. 
54. Fine for falsely representing a trade mark as registered. 
(1) Any pers on who makes a representation -
(a) with respect to a mark not being a registered trade 
mark, to the effect that it is a registered trade mark; or 
(b) with respect to a part of a registered trade mark not 
being a part separately registered as a trade, to the effect 
... / ... IP/N/lICYP/TIl 
Page 40 
4 of 
166/87 
24 of 
1.206/90 that it is so registered; or 
(c) to the effect that a registered trade mark is 
registered in respect of any goods or services in respect of 
which it is not registered; or 
(d) to the effect that the registration of a trade mark 
gives an exclusive right to the use thereof in any 
circumstances in which, having regard to limitations entered 
on the register, the registration does not give that right, 
shall be guilty of an offence and shall on conviction be 
liable to a fine not exceeding one hundred twenty five pounds. 
(2) For the purposes of this section, the use in Cyprus 
in relation to a trade mark of the word "registered", or of 
any other word referring whether expressly or impliedly to 
registration, shall be deemed to import a reference to 
registration in the register, except -
(a) where that word is used in physical association with 
other words delineated in characters at least as large as 
those in which that word is delineated and indicating that the 
reference is to registration as a trade mark under the law of 
a country outside Cyprus, being a country under the law 
of which the registration referred to is in fact in force; 
(b) where that word (being a word other than the word 
"registered") is of itself such as to indicate that the 
reference is to such registration as last aforesaid; or 
(c) where that word is used in relation to a mark 
registered as a trade mark under the law of a country outside 
Cyprus and in relation to goods or services to be exported to 
that country. 
Miscellaneous. 
55. Change of form of trade connection not to be deemed to 
cause deception. 
The use of a registered trade mark in relation to goods or 
services between which and the person using it any form of 
connection in the course of trade subsists shall not be deemed 
to be likely to cause deception or confusion on the ground 
only that the trade mark has been, or is, used in relation to 
goods or sevices between which and that person or a prede­
cessor in title of his a different form of connection in the 
course of trade subsisted or subsists. 
25 of 56. Jointly owned trade marks. 
N.206/90 
Where the relations between two or more persons interested 
in a trade mark are such that no one of them is entitled as 
between himself and the other or others of them to use it 
... / ... except -
(a) on behalf of both or aIl of them; or IP/N/lICYP/T Il 
Page 41 
(b) in relation to an article or services with which both 
or aIl of them are connected in the course of trade, 
those pers ons may be registered as joint proprietors of the 
trade mark, and this Law shall have effect in relation to any 
rights to the use of the trade mark vested in those pers ons as if those rights had been vested in a single person. 
Subject as aforesaid,nothing in this Law shall authorise 
the registration of two or more pers ons who use a trade mark 
independently, or propose so to use it, as joint proprietors 
thereof. 
57. Trusts and equities. 
(1) There shall not be entered in the register any notice 
of any trust express, implied or constructive, nor shall any 
such notice be receivable by the Registrar. 
(2) Subject to the provisions of this Law, equities in 
respect of a trade mark may be enforced in like manner as in 
respect of any other personal property. 
26 of 58. Recognition of agents. 
N.206/90 
Where by this Law any act has to be done by or to any 
pers on in connection with a trade mark or proposed trade mark 
or any procedure relating thereto, the act may under and in 
accordance with the rules or in particular cases by special 
leave of the Court, be done by or to an agent of that pers on 
duly authorized in the prescribed manner notwithstanding any 
other provision in any other legislation. 
59. Transitional provisions. Schedule. 
The transitional provisions set out in the second Schedule 
to this Law shall have effect with respect to the matters 
therein mentioned respectively. 
60. Savings. 
(1) Nothing in this Law shall affect any Order, Rule, 
Regulation' or requirement made, table of fees or certificate 
issued, notice, decision, determination, direction or approval 
given, application made, or thing done, under the Law hereby 
repealed, and every such Order, Rule, Regulation, requirement, 
table of fees, certificate, notice, decision, determination, 
direction, approval, application or thing shall, if in force 
at the commencement of this Law, continue in force and shall, 
so far as it could have been made, issued, given or done under 
... / ... Cap. 1. IP/N/1/CYP/T Il 
Page 42 
this Law, have effect as if made, issued, given or do ne under 
the corresponding provisions of this Law. 
(2) Any document referring to the Law repealed by this 
Law shall be construed as referring to the corresponding pro­
visions of this Law. 
(3) Nothing in this section shall be taken to prejudice 
the provisions of section Il of the Interpretation Law. 
"FIRST SCHEDULE" 
(Section 37A) 
Certifying Trade Marks 
1.-(1) The application for the registration of a mark 
under section 37A must be submitted to the Registrar in 
writing in the prescribed manner by the person who intends to 
be registered as proprietor of it. 
(2) The provisions of subsection (2) and subsections (4) 
to (7) of section 19 shall be applicable in case of 
application under subsection (1) of the said section 19. 
(3) The Registrar du ring his examination under the said 
provisions, of an application under the said section 37A, 
takes into account similar criteria so far as these are 
related to an application which was an application under 
section 19 and every other criteria on relevant to 
applications under the said section 37A, the expediency being 
included that the certifying trade mark contains an indication 
that it is of such a nature. 
(4) A pers on who applies for the registration of a mark 
under the said section 37A submits to the Registrar, along 
with the application, regulations governing its use, so that 
he shall be able to examine the following matters: 
(a) whether the applicant is a right person to certify 
the goods or services in relation to which the mark is to be 
registeredi 
(b) whether the regulations are satisfactorYi and 
(c) whether under aIl the circumstances the registration 
applied for would be to the public interest. 
The Registrar may, after he examines the application: 
(i) reject the application, or 
(ii) accept this and approve the regulations, either 
... / ... IP/N/1/CYP/T Il 
Page 43 
without amendment and without conditions, or under such 
conditions or limitations or any amendments or alterations of 
the application or of the regulations, which he considers 
necessary, having in mind any of the aforesaid matters. 
2. The Registrar shall, as soon as may be after 
acceptance, cause the application as accepted to be published 
in the prescribed manner and the provisions of subsections (2) 
to (11) of section 20 are applied in relation to the 
registration of the mark as if the application was an applica­
tion under section 19. 
3. The deposited regulations in respect of a certifying 
trade mark may be amended on the application of a registered 
proprietor with the consent of the Registrar and in such a 
case the provisions of paragraph 2 of the present schedule are 
applied mutatis-mutandis. 
4.-(1) The Registrar may, on application, in the prescribed 
manner by any pers on affected, issue such an order, as he may 
think fit for the deletion or amendment of any entry in the 
register, which is referred to a certifying trade mark or for 
the amendment of the deposited regulations for the following 
reasons: 
(al that the proprietor is not the right person, any 
more, ~n case of any goods or services in respect of which the 
certifying trade mark has been registered, to certify such 
goods or services. 
(b) that the proprietor omitted to observe a provision of 
the deposited regulations, which he was obliged to observe; 
(c) that it is no longer in the public interest for the 
certifying trade mark to remain registered, or 
(d) that it is necessary in the public interest that the 
regulations shall be amended, if the mark is to remain 
registered. 
(2) The Registrar is ta rectify the register and the 
deposited regulations in such a manner, as it would be 
necessary for an arder published under the preceding 
subparagraph ta be applied. 
5. The fol1owing provisions of the present Law are not 
applicable in respect of a certifying trade mark, namely 
sections 6~ 8, Il, 19 and 20 (except as are expressly 
applicable by the present Schedule), the subsections (4) to 
(8) of Section 24, sections 28 to 30, section 55 and aIl the 
provisions the application of which is limited, by their 
wording, to registration in Part B of the register • 
. . . / ... IP/N/lICYP/T/l 
Page 44 
SECOND SCHEDULE. 
(Section 59) 
ASSIGNMENTS AND TRANSMISSIONS (BEFORE APPOINTED DAY) GIVING 
EXCLUSIVE RIGHTS IN DIFFERENT PLACES IN CYPRUS. 
1. (1) The validity of an assignment or transmission of a 
trade mark effected or claimed to have been effected before 
the appointed day, in any such case as is mentioned in 
subsection (6) of section 24 of this Law, shall be determined 
as if the provisions contained in subsections (1) to (5) of 
that section had not been enactedi 
Provided that, on application made in the prescribed 
manner within two years from the commencement of this Law, by 
a person who claims that an assignment or transmission of a 
registered trade mark to him or to a predecessor in title of 
his has been so effected, the Registrar shall have the like 
jurisdiction as under the proviso to subsection (6) of section 
24 of this Law, and an assignment or transmission approved by 
him shall not be deemed to have been invalid on the ground of 
the subsistence of such rights as are mentioned in the said 
subsection (6) or the on the ground that the assignment or 
transmission was effected otherwise than in connection with 
the entire or the remainder goodwill of a business or was 
effected in respect of sorne (but not aIl) of the goods or 
services in respect of which the trade mark was registered, if 
application for the registration under section 27 of this Law 
of the title of the pers on becoming entitled is made within 
six months from the date on which the approval is given, or 
was made before that date. 
(2) Any decision of the Registrar under this paragraph 
shall be subject to recourse to the Court. 
SAVING AS TO RETROSPECTIVE PROVISIONS RELATING TO 
ASSIGNMENTS AND TRANSMISSIONS, 
2. The retrospective provisions contained in section 24 
of this Law and in the last foregoing paragraph, shall have 
effect without prejudice to any determination of the Registrar 
or the Court that was made before the appointed day, or to the 
determination of any appeal from a determination so made or 
to any title acquired for valuable consideration before the 
appointed day. 
. .. / ... IP/N/1/CYP/T Il 
Page 45 
ASSOCIATION OF TRADE MARKS ASSIGNABLE OR TRANSMISSIBLE AS 
A WHOLE ONLY 
3. Where immediately before the appointed day a trade 
mark was registered in Part B of the register subject ta a 
condition rendering it assignable or transmissible only as a 
whole with another trade mark registered in the name of the 
same proprietor or with two or more other trade marks 50 
registered, and not separately, the trade marks shall be 
deemed to be associated trade marks, and the entries in the 
register relating thereto may be amended accordingly. 
PREVIOUS USE OF A TRADE MARK BY PERS ON BECOMING 
REGISTERED USER ON APPLICATION MADE WITHIN ONE YEAR 
OF APPOINTED DAY. 
4. Where a person is registered as a registered user of 
a trade mark on an application made within one year from the 
commencement of this Law, subsection (2) of section 29 of this 
Law shall have effect in relation ta any previous use (whether 
before or after the commencement of this Law) of the trade 
mark by that persan, being use in relation ta the goods in 
respect of which he is registered and, where he is registered 
subject to conditions or restrictions, being use such as ta 
comply substantially therewith, as if such previous use had 
been permitted use. 
USE OF TRADE MARK FOR EXPORT TRADE BEFORE APPOINTED DAY. 
5. Section 32 of this Law shall be deemed ta have had 
effect in relation ta an act do ne before the appointed day as it has effect in relation ta an act done after the 
commencement of this Law, without prejudice, however, ta any 
determination of the Registrar or the Court which was made 
before the appointed day, or to the determination of any 
appeal from a determination so made. 
ChrN/AM 