Do I need  a trademark registration in Northern Cyprus?

Establishing a business is not an easy process, and it requires various legal procedures, permit documents, registration and fees. At the beginning of setting up a business, the owners confront various issues, such as the need to apply for some permits and registration. One of the common questions that arise concerns trademarks. Is a trademark registration required for the business name?  How does one register a trademark? What documents are needed?  These are some of the questions that are frequently asked.

A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. However, the use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services may qualify it as both a business name and a trademark. Registering a business and/or company name does not grant you any proprietary rights. If you register a business and/or a company name, you do not automatically enjoy the rights vested in a trademark.

Trademark aims at

Trademarks protect brand names and logos used on goods and services. And this feature distinguishes trademarks from patents and copyrights. Since the trademark is registered, it becomes intellectual property. Therefore, it is essential for businesses to register a trademark before starting trading activities.

According to the laws of Northern Cyprus, both Turkish Cypriot and foreign persons and companies can register trademarks in the TRNC.  

When you engage in the trademark application process, you are involved in a legal proceeding. These proceedings require you to comply with the TRNC trademark laws and regulations. You need a lawyer who can provide valuable proper advice about many important issues and assist you before, during, and after the trademark application process.

Registration process of trademark in the TRNC

Before the application for trademark registration, your lawyer will help you with a comprehensive search to determine if your chosen mark is available for use and if it is eligible for registration. Comprehensive searches are important because other trademark owners may have protected legal rights in trademarks similar to your chosen mark.

Anyone who claims to own any trademark must apply to the Trademark Registrar’s Office, which operates under the umbrella of the Registrar of Companies.

The application must be produced in Turkish and be signed by a lawyer who is qualified in the TRNC.

If the registrar of trademarks of TRNC accepts the application, the trademark will be published in the Official Gazette. Third parties can oppose an application within a period of 2 months after the trademark has been published. If there is no pending objection or opposition, the registration of the trademark will be approved.

As per the legislation, if a company or a sole trader fails to register a trademark, they do not have any right in the court in a case of trademark infringement.

 The registered trademark is valid for 7 years from the date of registration and can be renewed for 14 years. The registration renewal fee must be paid within the last 3 months of the registration period.