{"id":47780,"date":"2025-04-08T11:58:39","date_gmt":"2025-04-08T11:58:39","guid":{"rendered":"https:\/\/my.legal500.com\/developments\/?post_type=legal_developments&p=47780"},"modified":"2025-04-08T11:58:39","modified_gmt":"2025-04-08T11:58:39","slug":"navigating-intellectual-property-an-introduction-to-trademarks-registration","status":"publish","type":"legal_developments","link":"https:\/\/my.legal500.com\/developments\/thought-leadership\/navigating-intellectual-property-an-introduction-to-trademarks-registration\/","title":{"rendered":"Navigating Intellectual Property: An Introduction to Trademarks Registration"},"content":{"rendered":"

WHAT IS INTELLECTUAL PROPERTY?<\/strong><\/h3>\n

Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. IP gives creators exclusive rights over the use of their creations for a certain period, encouraging innovation and creativity.<\/strong><\/p>\n

There are several types of intellectual property namely\u00a0trademarks, copyright, patent and industrial design.<\/strong><\/p>\n

<\/p>\n

WHY IP SHOULD BE REGISTERED AND\/OR PROTECTED?<\/strong><\/h3>\n

Registering and protecting Intellectual Property (IP) is crucial for several reasons, offering both legal and practical advantages to individuals, businesses, and society. Specifically, it offers the holder of the IP right\u00a0legal protection<\/strong>\u00a0and\u00a0exclusive rights.<\/strong>\u00a0The holder of the IP right is granted the exclusive right to use or sell or license or exploit their creation in any other way. In the event that the holder\u2019s IP right is infringed, the IP holder shall have the basis to file a legal action, to claim damages or even request the cessation of unauthorized use of the registered and\/or protected IP right. Additionally, it offers the holder of the IP right\u00a0economic benefits, encouragement of innovation and brand recognition.\u00a0<\/strong>To conclude, by protecting IP, the creators and businesses alike ensure that their investments in R&D, innovation and creativity are safeguarded, creating an environment that fosters continuous progress and development.<\/p>\n

UNDERSTANDING TYPES OF IP?<\/strong><\/h3>\n

Understanding the different types of Intellectual Property can assist the proprietor to choose the most appropriate protection.<\/p>\n

A\u00a0trademark (TM)<\/u><\/strong>\u00a0is a unique element or combination of elements used to differentiate and\/or distinguish the products or services of one business from those of other businesses, such as words, person\u2019s names, drawings, letters, numbers. Illustrations, colors, shape of product, shape of packaging.<\/p>\n

A\u00a0copyright\u00a0<\/u><\/strong>is the protection of the work of a creator, such us novels, stories, articles, drawings, woodcuts, sculptures, photographs, computer programs, animations, databases etc. Copyright is acquired automatically, without the need to file the work or apply to any authority and the exploitation right can be exercised automatically.<\/p>\n

A\u00a0patent<\/u><\/strong>\u00a0is an IP right over an invention, such as discoveries, schemes, aesthetic creations etc.<\/p>\n

An\u00a0industrial design<\/u>\u00a0<\/strong>refers to the external appearance of a product, either in whole or in part, which results from specific features such as outline, shape, form, colors, texture etc.<\/p>\n

For further assistance on choosing the most suitable type of IP according to your needs and\/or requirements, you may visit the following link and complete the available questionnaire:\u00a0https:\/\/www.intellectualproperty.gov.cy\/en\/450<\/a>\u00a0. For specialized advice and registration you should contact a licensed legal professional.<\/p>\n

WHAT ARE THE CLASSES OF A TRADEMARK?<\/strong><\/h3>\n

Products and services for which trademark registration is sought are categorized into different classes. The Nice Classification, established by the Nice Agreement and periodically updated, serves as the system for organizing these categories. The Nice Classification includes\u00a045<\/strong>\u00a0classes in total, with classes 1 through 34 covering certain goods and classes 35 through 45 encompassing services. Each class is assigned a title that provides an indicative description of the products or services it includes, along with explanatory notes to clarify the terms used.<\/p>\n

HOW IS IP PROTECTION ACQUIRED \u2013 REGISTERING A TRADEMARK<\/strong><\/h3>\n

Almost all kinds of IP Rights can be protected through the submission of an application for registration (copyrights are an exception since they are automatically protected from the creation of them). Specifically, trademarks may acquire protection through the\u00a0submission of an application for registration<\/strong>\u00a0either to a national intellectual property office, the European Intellectual Property Office (EUIPO) or the Word Intellectual Property Office (WIPO). It is important to note that the registration of any TM requires the appointment of\u00a0a lawyer as representative<\/strong>. An essential step prior to the submission of a TM application would be a\u00a0preliminary search<\/strong>\u00a0on relevant TM databases\/registers to ensure the availability of the TM that interest each client, avoiding any possible resemblance with other TMs that are already registered and\/or have pending applications with the same classes. Finally, crucial to the registration of TM is\u00a0choosing the right classes<\/strong>\u00a0that correspond to the nature of the goods and\/or services under each mark that interest each client.<\/p>\n

Upon execution of such preliminary search and submission of the application for registration of the TM, the relevant Intellectual Property Office either accepts or declines or returns the application to the applicant, for the latter to cure any irregularities emerged from the submission of the application (if curable).<\/p>\n

Once the application\u00a0is accepted,<\/strong>\u00a0the TM is published to the Government\u2019s Gazette and\/or official registry of TMs for oppositions by anyone with legitimate interest, such as anyone who has a similar and\/or identical TM already registered. The period in which the TM is published and able to receive opposition is\u00a03 (three) months<\/strong>\u00a0from the publication.<\/p>\n

In case the newly published TM\u00a0receives an opposition<\/strong>\u00a0within that period of three months, then the opposition procedure begins. This procedure consists of the cooling off period, where the parties may resolve the IP dispute bilaterally. If not, the opposition proceeds normally with the submission of the arguments and exhibits of each party supporting their case and finishes with the issuance of a decision from the relevant intellectual property authority.<\/p>\n

In case the published TM receives\u00a0no opposition<\/strong>\u00a0within that timeframe it is registered as per the submitted application.<\/p>\n

DURATION OF IP PROTECTION?<\/strong><\/h3>\n\n\n\n\n\n\n
Copyright:<\/strong><\/td>\nseventy\u00a0(70) years from the death of the\u00a0creator<\/strong>\u00a0or of the last of the co-creators. In case of musical composition, seventy (70) years from the death of the last surviving among the lyricist and the composer.<\/td>\n<\/tr>\n
Trademark:<\/strong><\/td>\n10 years from registration<\/strong>, renewal available.<\/td>\n<\/tr>\n
Patent:<\/strong><\/td>\nAnnual renewal<\/strong>, beginning from the third year of registration<\/td>\n<\/tr>\n
Industrial Design:<\/strong><\/td>\n5 years<\/strong>\u00a0from registration, renewal available.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n

Author<\/strong>: Styliana Lefkiou, 04 November 2024<\/p>\n

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