Trademarks and Types of Trademarks

The Intellectual Property Series

Trademark is the registered sign that gives the registered owner the right to use the sign in business transactions and prohibit others from using it in their own transactions.

Trademarks give their owners the right to prevent others from using similar or identical signs in the same or similar class of the registered trademark. If the registered trademark has acquired fame and goodwill through extensive use, then the owner may prohibit others from using similar or identical signs in other classes.

The Cyprus Trademarks Act has been harmonized with the regulation 1001/2017 in 2020. The same signs that can be registered as Trademarks in European Union can Also be registered as Signs in Cyprus. In European Union and Cyprus signs are words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds.  As a nutshell the following trademarks can be registered:

• Word Mark : consists exclusively of words or letters or numbers or other standard typographic characters, or of a combination of any of these.
• Figurative Mark: consists exclusively of figurative elements or of a combination of verbal and figurative elements.
• Shape mark: It is a three dimensional sign that usually represents the packaging or the good itself. It is usually used for goods and not services.
• Position mark: A position mark will indicate at specific position on the product were the mark is placed.
• Pattern mark: is consisted by a pattern.
• Colour mark: consist of a single colour or combination of colours.
• Sound mark: is consisted by a sound or combination of sounds.
• Motion mark:  mark that its elements are moving.
• Multimedia mark:  a combination of motion mark with sound
• Hologram mark : consists of elements with holographic characteristics.

Interaction of trademarks with other Intellectual Property rights. For example, a sound mark may also be an artistic work protected under the relevant Copyright Laws. However, Copyrights expire in certain period without the right of renewal while Trademarks can be renewed indefinitely if they are in use. In addition, at court is complex and difficult to prove ownership of a copyright. Sometimes is required to establish the existence of bilateral or double treaties in order for  a foreigner to claim protection in another country.  On the other hand, proving ownership and existence of Trademark is typically simple and more straight forward.