A European trademark may be converted into a national, in the cases where the community application is cancelled/dismissed in the EUIPO:
The applicant within 3 months from the cancellation date has the right to submit to the EUIPO an application for conversion.Upon examination of the the application,EUIPO will decide to accept it or not and will notify accordingly by letter the national offices, accompanied by relevant documents, in order to proceed. Following that, the national office acts appropriately for the authorisation of a lawyer in Cyprus, in order to submit the national application accompanied with all the relevant to the conversion documents translated. In this case, the conversion application is submitted to obtain the submission date of the application to the EUIPO.
Also, within the context of conversion, a possibility of claiming a priority date is given, if with the community application a priority date had been requested on the basis of the trademark application in an previous country. The national office accepts it and examines all related documents.EUIPO, is responsible for a detailed examination of priority documents.Upon the submission of the community trademark,EUIPO decides whether the depositor has the right to claim a priority date. In this way, the time limit of 6 months from the submission date in another country until the submission of the application in Cyprus can be exceeded. Following that, the conversion can be submitted to claim a priority date on the basis of the Paris Convention, after the conversion of the community trademark.
In order the request for the claim of the submission date at the European Union Intellectual Property Office (EUIPO) or the priority date on the basis of the Paris Convention to be accepted, point (f) of Ε.Σ. 2 must be completed as below:
“The date ……… is claimed, as the date of submission of community application no. …….. to the European Union Intellectual Property Office”
“The date …….. is claimed, as the priority date, on the basis of the Paris Convention, following a conversion of community trademark no. ………”
For further information regarding the relevant procedure, you may refer to the page Converting European trademark into national.