EU Trade Mark Registration: A Pragmatic Guide for Tech & Software Companies in Cyprus
- Why Registering a Trade Mark Matters
- What you can protect
- Preliminary Search
- Filing, fees, and Fast Track
- Examination and the 3-month opposition window
- The 5-year rule
- Scope, enforcement, and Cyprus angles
- Timeline & budget snapshot
- Common mistakes for software & game studios (and how to avoid them)
- Practical filing checklist (what we’ll ask you for)
- In summary
- Our Firm
- Contact our experts for more details
Why Registering a Trade Mark Matters
If you sell software or digital services in more than one EU country, an EU trade mark (EUTM) gives you one registration covering all 27 Member States, including Cyprus. It’s usually faster and cheaper than applying for multiple national filings, and it integrates smoothly with later international expansion.
What you can protect
An EUTM can protect words, logos, slogans, product icons, app names, even certain UI icons, provided the sign is distinctive for the listed goods/services and not just descriptive (e.g., “Task Manager” for project-management software will face difficulties getting approved). Absolute-grounds examination at the EUIPO filters out marks that are generic or descriptive.
For software companies, the most common classes are Class 9 (downloadable software, apps, SDKs) and Class 42 (SaaS, PaaS, hosting, development). Goods/services must be grouped under the international Nice Classification; picking the right class headings and terms is a business-critical step that affects the scope of your rights and your budget.
Preliminary Search
Before filing, a clearance search should be carried out for identical or similar marks across your target classes. This is the best way to prevent facing opposition from other trade mark owners.
Filing, fees, and Fast Track
The filing is done online with the EUIPO. Official fees are straightforward: €850 for the first class, €50 for the second, €150 for each additional class. Examination starts only after payment. Using the Harmonised Database of pre-approved terms can put the application on Fast Track, which makes publication faster.
Timeline: With a clean application (no objections or oppositions), publication can come quickly and registration can complete in approximately 4–6 months, whereas complex or opposed cases take longer.
SME savings. As of 2025, SMEs can apply for the EUIPO SME Fund, which typically offers 50% reimbursement on trade mark basic application fees.
Examination and the 3-month opposition window
After formalities and absolute-grounds checks, your application is published, triggering a 3-month opposition period where owners of earlier rights can object. There is typically an initial “cooling-off” phase to negotiate coexistence or settlements; if that fails, the opposition is litigated on the papers before the EUIPO.
The 5-year rule
Once registered, an EUTM can be subject to revocation for non-use if it’s not put into real use within five years of registration for the goods/services claimed. Use means real commercial use in the EU.
Scope, enforcement, and Cyprus angles
- Geographic scope. An EUTM gives unitary coverage of the entire EU, including the Republic of Cyprus.
- Enforcement. With registration, you can act before EU or national courts and file customs actions against copies entering Cyprus and other EU countries.
Timeline & budget snapshot
- Pre-filing search & advice: 1–2 weeks.
- EUIPO filing & Fast Track publication: publication often within weeks if terms are pre-approved and fees paid.
- Opposition period: 3 months from publication; no extensions for filing the opposition.
- If unopposed: total 4–6 months to registration. If opposed, expect longer timeframe.
- Official fees: €850 (class 1) + €50 (class 2) + €150 (each additional class).
Common mistakes for software & game studios (and how to avoid them)
- Too descriptive names. A name like ‘SecurePay’ for payment software will likely be refused. Choose a brand that identifies you, not just what the product does.
- Claiming too much. Don’t register every service in Class 42 “just in case.” Keep your application limited to what you actually offer. This avoids conflicts and future cancellation.
- Missing deadlines. Once your mark is published, others have three months to oppose. If there’s a conflict, settle quickly during the negotiation period to save time and money.
- No proof of use. From the start, save evidence of how you use your brand: app store listings, invoices, marketing materials, screenshots. You’ll need this if anyone challenges your mark.
- Forgetting SME support. Small and medium businesses can get part of the official fees refunded through the EUIPO SME Fund. Apply before filing to secure the savings.
Practical filing checklist (what we’ll ask you for)
- Mark formats: word mark (exact text) and any logo/lockup you actually use.
- Goods/services list: in simple terms, what you sell now and expect to in the near future. We convert to Nice classifications.
- Ownership & representation: applicant and owner details.
In summary
For Cyprus-based tech companies scaling across the EU, an EUTM is the ideal solution: one filing, EU-wide effect, and predictable fees. The preliminary checks for identical/similar marks must be done properly, keep the specifications realistic, capture your trade mark use evidence, and move fast with Fast Track to lock in brand rights before launch.
Our Firm
REVERA Cyprus advises and represents clients in all aspects of trade mark registration in Cyprus and the EU, helping companies and individuals secure and protect their brand.
| Disclaimer: This article is provided for general information only and does not constitute legal advice. |
Author: Ioannou Fedonas
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