George Papantoniou & Co LLC’ range of Services:
- Our Law Firm is dealing with acquisition and/or registration and/or protection and/or maintenance of
- trademarks (including EU Trademarks); more info
- business names; more info
- copyrights; more info
- (industrial) designs; more info
- geographical indications (or appellation) of origin; more info
- Depending on your needs, we can represent your interests before local authorities in Cyprus and abroad, international organizations such as WIPO, OHIM etc.
Brief Introduction:
All objects of Intellectual Property can be protected under local laws of a specific country, International Treaties (Conventions), Regional Systems, Bilateral Agreements.
Trade Marks
A trade mark is a sign used in the course of trade to distinguish one trader’s goods or services from those of other traders.
A sign is something that can be communicated and perceived.
Among others it can be a word, personal names, designs, letters, numerals, shape of products or their packaging.
Trade Marks can be protected:
- Locally, in a particular country,
- Regionally, for example, as an EU Trade mark – which shall have legal force in all members states of EU and Benelux countries.
- Internationally – by virtue of various International Treaties (Conventions).
There are various systems for protection of a valuable sign such as:
- registration on a national trade mark register;
- passing-off laws;
- unfair competition laws;
- laws protecting business names;
- registration as a certification mark;
- registration as a plant variety name;
- registration as a collective mark;
- recognition as geographical indication (or appellation) of origin;
- design laws;
- copyright laws;
- rights under international conventions;
- rights conferred or obtainable under regional systems.
Business Names
Business names can be registered in Cyprus under the provisions of the Partnerships and Business Names Law, Cap 116.
It can be registered either by an individual or by a legal entity.
In case you would like to trade under the name which is different than your (company) name, it can be an option.
Once registered, Business Name does not require renewal. It is valid until the business is liquidated.
NB: Please note that in case of any infringement of a Business, the available options for its protection are quite limited in comparison with the registered trademark’s available protection.
Industrial Designs / Models
Industrial designs are protected by L4(I)/2002, the Paris Convention and the TRIPS agreement.
In order for an industrial design to be eligible for protection, the latter has to be new and present individuality in such a way that the informed user will not create an impression similar to the one of a design that is already known to the public.
Protection is granted for 5 years which may be renewed every 5 years period for a maximum duration of 25 years provided that the relevant fee is paid.
Copyrights
Governed by the Copyright Law, L59/1976 as amended.
The Copyright Law provides that copyrights consist of: ‘any scientific, literary including software, musical, artistic (including photography) work, sound recordings, films or broadcasts, database, and the typographical arrangement of published editions’ that is original, performances of artists.
Protection is obtained automatically by publication, no registration is required.
Geographical indications or Designations of origin
Governed by the Protection of Designations of Origin and Geographical Indications of Agricultural Products and Food Law of 2006 (139 (I) / 2006). as amended. and
Council Regulation (EC) No. 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
As per regulation:
‘designation of origin’ is a name which identifies a product:
(a) originating in a specific place, region or, in exceptional cases, a country;
(b) whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and
(c) the production steps of which all take place in the defined geographical area.
‘geographical indication’ is a name which identifies a product:
(a) originating in a specific place, region or country;
(b) whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and
(c) at least one of the production steps of which take place in the defined geographical area.
In other words,
«geographical indication» (otherwise called “Indications of source”) include any name, designation, sign or other indication which refers to a given country or to a place located therein, which has the effect of conveying the notion that the goods bearing the indication originate in that country or place. Examples of indications of source are the names of countries (e.g., Germany, Japan, etc.) or of cities (e.g., Hong Kong, Paris, etc.) when used on or in connection with goods in order to indicate their place of manufacture or their provenance human factors.
Appellations of origin (or “designation of origin) have a more limited meaning, and may be considered a special type of indication of source. An appellation of origin is the geographical name of a country, region or locality which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and.
For any further information please contact us and we will be pleased to assist you.
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