As a result of the recent decision of the European Court of Justice in the IP TRANSLATOR matter, the Registrar of Trademarks in Cyprus has introduced a new policy on trademark classification, aiming to ensure accuracy and clarity on new national trademark applications in Cyprus.
The new policy follows the context of the European convergence program Class heading and applies as from 1/1/2013. According to the new guidelines, any new Cyprus trademark which is filed with the Cyprus Registrar of Trademarks cannot carry the description «all the goods/ services of the class» and any such reference or similar reference will not be accepted.
The new policy on Cyprus intellectual property framework is in line with the ECJ precedent, whereby it was held that the submission of the trademark must ensure the basic operation of the trademark, which is subject to providing to the consumer or to the final user the possibility to distinguish, without a possible confusion, the goods or services of one business from the goods or services of other businesses and, as a consequence, that the goods or services must be identifiable.
The Registrar of Trademarks in Cyprus shall now require that the description must be clear and accurate, in order to provide to the competent authorities and businesses the ability to determine accurately the goods or services.
This clarity and accuracy presupposes, according to the new guidelines, that the phrases used are understandable and unequivocal. The use of the phrase ‘all the goods / services’ recognises to the applicant quasi unlimited rights over the goods and services of a class.