A company that registers its trademark or copyright in Cyprus and then sets the matter aside may now find its rights considerably harder to defend. Cyprus courts have recently signalled a more demanding approach to IP enforcement. Rights holders who secured protection years ago and have not revisited their IP portfolios since are exposed to gaps they may not yet recognise.
Cypriot courts have adopted heightened evidentiary standards for infringement claims, reflecting a closer alignment with EU IP enforcement directives. Rights holders must now demonstrate actual commercial damage and substantiate use of their registered marks within the Nice classification (the international system for categorising goods and services in trademark applications) filed at the time of IP registration. The shift applies to all active proceedings and to new claims filed from early 2025 onward.
This alert explains what has changed, which businesses are most exposed, and the five immediate steps international companies should take to protect their positions in Cyprus.
What has changed in Cyprus IP enforcement
Cyprus intellectual property legislation has always incorporated EU directives on enforcement. In practice, however, local courts historically applied a relatively flexible standard when assessing infringement claims. That position has shifted.
Courts in Cyprus now require rights holders to supply detailed evidence of genuine use. A trademark application alone – or even a granted registration – is no longer treated as presumptive proof of commercial activity. Judges are scrutinising whether the mark has been used in relation to the specific classes recorded in the Nice classification at the time of IP registration. Use in adjacent classes, without explicit registration, is frequently insufficient to sustain an infringement claim.
Opposition proceedings before the Cyprus Registrar of Companies and Official Receiver (the body administering trademark registrations) have also become more contested. Third parties are filing oppositions more readily, citing non-use. The Registrar is granting these oppositions at a higher rate than in prior years. Rights holders who have not used their marks actively in Cyprus risk losing registered protection through cancellation, even where the underlying brand is well-established internationally.
Courts have also tightened the threshold for interim injunctions. An applicant seeking urgent interim relief in an IP dispute must now present concrete evidence of imminent, quantifiable harm. A general assertion of brand damage no longer satisfies this threshold. This change directly affects technology companies, consumer goods businesses, and any operator that relies on fast injunctive relief to stop infringing activity. For companies active in AI-adjacent products and services, the interaction between IP rights and technology legislation adds further complexity – our analysis of AI and technology law in Cyprus addresses that intersection in detail.
To receive an expert assessment of your IP portfolio's exposure under the new enforcement standards in Cyprus, contact us at info@ferrazwhitmore.com.
Who is affected and what to do now
The businesses most exposed to these developments fall into three categories.
International brand owners who registered trademarks in Cyprus as part of a broader EU rollout but have not actively traded under those marks locally are the most vulnerable. Non-use cancellation proceedings can be initiated after five years of dormancy. For marks approaching or past that threshold, the risk of challenge is real and immediate.
Technology companies whose products or services have evolved since the original trademark application may find that their registered Nice classification no longer covers current commercial activity. An IP registration that made sense at the time of filing may now leave core product lines unprotected.
Businesses in active or anticipated litigation face the most urgent pressure. If an infringement claim is already filed or expected, the new evidentiary standards apply immediately. A rights holder whose evidence strategy was built on the prior, more permissive approach will need to reassess before the next procedural step.
For companies operating across multiple EU markets, the Cyprus shift echoes similar tightening in other jurisdictions. Our alert on IP enforcement developments in Portugal identifies parallel trends that cross-border operators should monitor together.
The following five actions should be taken promptly by any international company with IP assets in Cyprus.
- Audit all Cyprus trademark registrations against current commercial activity and confirm alignment with the Nice classification on file.
- Gather and organise evidence of genuine use – invoices, marketing materials, website records, customs and sales data – covering at least the past three years.
- Review the scope of any pending or anticipated infringement claim in light of the new evidentiary threshold and update the evidence strategy accordingly.
- Assess whether any registered marks are approaching the five-year non-use window and file renewal or re-use documentation before that threshold is reached.
- Consult specialist IP counsel in Cyprus before initiating or responding to opposition proceedings, particularly where the opposing party has raised non-use as a ground.
Companies managing IP portfolios across the EU should treat the Cyprus developments as a prompt to review their full intellectual property protection strategy in Cyprus, including both registered and unregistered rights.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising clients on intellectual property protection, enforcement, and strategy across 46 jurisdictions. As a law firm in Cyprus and across the EU, our team combines Portuguese civil law expertise with English common law tradition to deliver practical IP solutions for technology companies, consumer brands, and international investors. Our IP practice covers trademark application and prosecution, opposition proceedings, infringement claims, and portfolio audits across both civil law and common law systems. Engaging a lawyer in Cyprus with cross-border experience is particularly important when enforcement standards shift rapidly, as the current developments illustrate. To discuss how these changes affect your specific IP position in Cyprus, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.