Business Name Alone Cannot Block Cyprus Trademark Registration: Successful Defense by IP CYPRUS

We are pleased to announce a successful outcome in the defense of our client’s Cyprus trademark  application “Alfa” (Number 91721), which covers goods in Class 9. The opposition was based on a claim that the opponent’s business name constituted evidence of earlier rights. However, the trademark examiner ruled in favor of our client, concluding that the opponent’s business name did not meet the criteria for earlier rights that could block the registration of the “ALFA” trademark in Cyprus.

Additionally, the opponents failed to provide sufficient evidence that their unregistered mark was well-known, nor could they substantiate their claim that the contested mark would lead to economic losses for their business. Our legal team effectively argued that the opponent’s assertions lacked merit and that there was no basis for these claims.

We also demonstrated that our client’s “Alfa” mark possesses the necessary distinctiveness and that there is no likelihood of confusion among average consumers . The examiner agreed that the visual, phonetic, and conceptual differences between the contested mark and the opponent’s sign are sufficient to prevent any misperception.

It is important to note that the opponents retain the right to file an appeal against this decision. However, we remain confident in the strength of our client’s case and are prepared to continue defending their rights if necessary.

At IP CYPRUS, we are committed to protecting our clients’ intellectual property rights and ensuring that their brands are safeguarded in a competitive marketplace. This decision underscores the importance of distinctiveness in trademark registration and the need for robust legal support in defending against unwarranted opposition.

Congratulations to our client on this victory! We look forward to continuing our mission to defend and protect our clients’ intellectual property with the same dedication and expertise.

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