قبرص

O.4.Sch.1 Off1c.Gazette No.255" .90

law 206/90

The Trade Marks (Amendment) Law of 1990 was pub11sed in the Official Gazette of the Republic of Cyprus

in accordance with Article 52 of the Constitution

Law NO.206 of 1090

THE TRADE MARKS (AMENDMENT) LAW

The House of Representatives votes as follOWs:

Short title 1. The present Law will be referred to 8S the Trade Marks Cap,268 (Amendment) Law of 1990 and shall be read together with the 63 of 1962 Trade Marks Law (which hereinafter will be referred to as the 69 of 1971 "basic law").

Amendment 2. Section 2 of the basic law is amended as follows: of sec.2 (a) With the addition, to subsection (11 of it in the defini­ of the tion of the words "trade mark", of the words "or basic law services" after the word "goods" (wherever is found).

(b) With the addition to subsection (2) of it of the words "or services" after the word "goods" (4th line).

Amendment 3. Section 5 of the basic law is amended with the addition of of sec.6 the words "or services" after the word "goods" (wherever is of the found) • basic law

Amendment 4. Section 6 of the basic law is amended as follows: of sec.6 of the (a) With the addition, to subsection (1) of it, of the words basic law "or services" after the word "goods" (4th, 7th and 13th

1 ines).

(b) with the addition, to subsection (2) of it, of the words "or in connection with services offered to any place" after the words "any market" (7th 1 1n8).

Amendment 5. Section g of the basic law is amended with the addition of of sec.7 the words "or services· after the word "goods" (wherever of the is found). basic law Amendment 6. Section 9 of the basic law 1s amended with the addition of sec.9 of the words "or serv1ces" after the word "goods " wherever is of the found. basic 1aw Amendment 7. Paragraph (b) of Section 10 of the basic law is amended of sec.10 with the addition of the words "or services" after the of the word goods" (2nd line). bas1c law Amendment 8. Section 11 of the basic law is amended with the addition of sec.11 of the words "or services" after the word "goods" wherever is

9."

- 2 ­

of the bas1c law found) .

Amendment 9. Section 12 of the basic law is amended with the addition of sec.12 of the words "or services" after the word "goods" wherever is of the found. basic law Amendment 10. Section 14 of the basic law i8 amended as follows: of 8ec.14 of the (a) With the addition, after the words "description of goods" basic law C3rd and 6th lines), of the words "or services which are

closely connected with these goods".

(b) with the addition, after subsection (1) of it, of the following new subsection and the renumberi ng of the exist1ng subsections (2) and (3) to read as subsections (3) and (4) respectively.

"(2) Subject to the provi si ons of this Law a trade mark cannot be registered by any person in respect of services if it is substantially the same or resembles with a trade mark that is registered in such a way that it may dece i ve or for which an application has been subm1 tted for registrat10n by a different person with regard to the same services, services of the same description with those services or with goods that are closely related with those services."

(c) with the addition to subsection (3) of it (as this has been renumbered) of the words "or services" after the word "goods" (Wherever it is found).

(d) with the addition to subsection (4) of it (as this has been renumbered), of the words "or serviceds" after the word "Soods" (wherever it is found).

Amendment of sec.17 of the basic law

11. Section 17 of the basic law is amended as follows:

(2) Subsection (1 ) of it i8 amended as follows:

(a) With the addition to paragraph (a> of the proviso of the words "or services" aftar the words "goods" (5th line).

Cb) with the addition to paragraph Cb) of the provi so after the words "patent" (2nd line> of the words "or se rvices which were previously offered under a procedure safeguarded by a patent" •

(3) Subsection (2) of it is amended as follOWS:

<a) With the addition to paragraph (a) of it, immediately after the words "same description" (5th line), of the words "or any servi ces of

(c)

- 3 ­

the same description,

(b) with the addition to paragraph (b) of it, after the words "same description" (6th and 11th lines) of the words "or any services of the same description".

(c) with the addition to subparagraph (1) of par­ agraph (c) after the words "same description" (6th line) of the words "or any services of the same description".

Amendment 12. Section 23 of the basic law is amended as follows: of sec.23 of the (a) With the addition, to subsection (2) of it, 1mmediately basic law after the words "description of goods" (2nd and 3rd

lines) of the words " or same services of serv ices of the same description " and

(b) "with the add1t1on, to paragraph (a) of subsection (2) of "the words or services" after the words "goods" (1st

line).

Amendment 13. Section 24 of the basic law is amended as follows: of sec.24 of the (a) With the addit ion , to subsection (2) of the words "or

.ftor the warde "soodo" (3rd and 6th 1 ;ne3).h.ludr. lAW. corvieoc"

(b) with the addition, to subsection (3) of the words "or serVices" after the word "goods" (3rd, 4th, 5th and 6th lines).

(1) with the addition to subsection (4) of the words (or "services" after the word "goods" (10th line).

(II) with the addition, to tha proviso to subsection (4) of the words "or services which Shall be offered" after the words "goods which shall be sold" (8th line) and

(Ill) with the striking out of the fullstop at the end of the proviso to subsection (4) and the addition of the phrase "or in relation to services which shall be offered outside Cyprus".

(d) \liith the addition, to subsection (5), of the words "or services" after the word "goods" (2nd and 7th lines).

(a) (1) with the add1tionto SUbsection (6) of the words "or services which shall be offered" after the words "traded in" (9th and 14th 11ne5).

(11) with the addition to subsection (6), of the words "or services" after the words "dscription of

- 4 .....

goods" (13th line) and

(f) with the addition, to subsection (7), of the words "or services" after the word "goods" (1st and 3rd lines).

Amendment of sec.25 of the basic law

14. (a) Subsection (2) of section 25 of the basic law is amended as follows:

(l) With the addition to subsection 2 of the words "or erv1ces wh1ch are closely re lated with these goods" after the words "description of goods" (6th 11ne).

(Il) with the numbering of the first paragraph as par­ agraph (a) and the addition. immediately after paragraph (a) of the following new paragraph:

"(b) Whenever a trade mark which 1s registe red is the subject of an application to register in relati on to any se rvices and

(i) it 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 relation to identical services or services of sim1lar description like these services or goods which are closely related with these serv1ces or

(11) 1t so nearly resembles with a trade mark that it is possible to deceive or to cause confusion if it is used by other person except from the pro­ prietor , the Registrar may at any instance ask that the trade marks be registered on the Register a s associ­ ated trade marks".

(1i i ) with the numbering of the second para­ graph as paragraph (c).

(b) Subsection (5) of section 25 of the bas i c law is amended with the addition of the words "or services" after the word "goods" (7th line).

Amendment of sec.27 of the basic law Amendment of sec.28 of the basic law

15. Subsect ion (1) of section 27 of the bas1c law is amended with the add1tion of the words "or services" after the word "goods" (6th l1ne).

16. (1) Subsection (1) of sQction 28 of the basic law is amended 8S fol lows:

(a) with the addition. after the word " goods " (whetever

- 5 ­

Amendment of s8c.29 of basic law Amendment of s9c.30 of basic law Amendment of s8c.35 of the basic law Amendment of 8ec,37 of the basic law

Amendment of sec,37A of the basic law

is found) of the words "or services".

(b) with the subst1tution from 1ts prov1 so of the words "in relation to goods of the same description, wh1ch are goods for Which the trade mark is registered" (12th, 13th, 14th lines) with the following:

in rel ation to goods or services for which one trade mark is registered -

(a) Wherever the application is related to goods: goods of the same description l1ke the goods or the servi ces which are closely related with these goods or

(b) wherever the application is related to services: services of the same description l1ke the ser­ vices or the goods which are closely related with these services",

(2) Subsection (3) of section 28 of the basic law is amended with the addition of the words "or services" after the word .. goods" (wherever is found).

17, Section 29 of the basic law is amended with the addition of the words "or services" after the word goods" (wherever is found)

18. Sect10n 30 of the basic law is amended with the addition of the words "or services" after the word "goods" (wherever is found.

19. Paragraph (d) of subsection (1) of section 35 of the baSic law is amended with the add1tion of the words "or ser­ vices" after the word "goods" (tst line),

20. Section 37 of the basic law is amended with the addition of the words "or services" after the word "goods" (wherever is found) and the addition of the words "or classes of services" after the words "classes of goods" (wherever is found).

21. (a) Section 37A of the basic law is amended with the addition of the words "or services" after the word "goods" (wherever is found).

Cb) Subsection (1) of section 37A of the basic law is substituted with the following new subsection:

"(1) Trade mark capable of distinguishing the trade goods or services which are certified by any person in relation to the quality, precision or other characteristic i nclu­ sive, in the C8Q9 of goods, of their origin, their Com­ ponents, the method of manufacturing, from goods or ser­ vices which are not certified in such a way may register as a certified trade mark in Part A of the Register in

- 6 ­

Repeal of sec.49 & 50 of the basic law Amendment of sec.54 of the basic law Amendment of sec.55 of the basic law. Amendment of sec.56 of the basic law Amendment of sec.S8 of the basic law

Entry into force of the present law

relation to these goods or services in the name of this person as its proprietor:

Provided that no such trade mark is registered in this way in the name of a person who engages in the trade of goods of the certif ied kind or in the trade for the pro­ vision of services of the certified kindM•

22. Sections 44 and 50 of the basic law are repealed and sect10ns 51 to 62 are renumbered so as to read as sections 49 to 60, respectively.

23. Section 64 of the basic law (as this has been renumbered) is amended with the add1tion of the words "or services" after the word "goodsM (wherever is found).

24. Section 56 of the basic law (as th1s has been renumbered) is amended with the addition of the words "or services" after the word "goods" (wherever is found).

25. Paragraph (b) of section 56 of the basic law (as this has been renumbered) is amended with the addition of the words "or services" after the word "object" (1st line).

26. Section 58 of the basic law (as this has been renumbered) is amended with the addition after the words Win the pre­ scribed way" (6th and 7th lines) of the words "irrespective of any other provision in any other legislation".

27. The present law enters into force on 19th November, 1990.