1. Geographical Location and Background Information
1.3 Brief History of the Turkish Republic of Northern Cyprus:
Cyprus is an island in Eastern Mediterranean. It is now a divided country: the “Republic of Cyprus” in the south (Greek Cyprus) and the Turkish Republic of Northern Cyprus (Turkish Cyprus) in the north. How this division came about is explained below.
Cyprus ceased to be a British Colony and became an independent Republic following the signing of a Treaty of Establishment by Britain, Turkey, Greece and representatives of the Greek Cypriots and Turkish Cypriots in 1960.
Reluctance of the Greek Cypriot side to implement several provisions of the Constitution calculated to safeguard Turkish Cypriot rights and the refusal of the Greek Cypriot President of the Republic to implement a judgment of the Supreme Constitutional Court with regard to the right of the Turkish Cypriots to set up separate muncicipalities in the main towns of Cyprus led to a constitutional crisis which became aggravated in 1963 when the Greek Cypriot President Archbishop Makarios put forward proposals for the amendment of the Constitution by the deletion of those provisions of the Constitution safeguarding Turkish Cypriot rights.
The killing of two Turkish Cypriot civilians by Greek Cypriot Police sparked an armed conflict between Greek Cypriots and Turkish Cypriots on 20 December, 1963. No measures for restoring peace and order in the island were taken and the intimidated Turkish Cypriot members of the House of Representatives, Turkish Cypriot Ministers and civil servants were unable to attend their offices mostly situated in the Greek sector, thus paving the ground for the Greek Cypriot side to usurp the Government of the Republic of Cyprus. The armed onslaught of the Greek Cypriot militia supported by 'Government' forces and later by a strong Greek military contingent from Greece which landed on the island headed by former EOKA leader General Grivas of Greece, drew tens of thousands Turkish Cypriots out of their homes driving them into small autonomous enclaves all over the island. In March 1964 a United Nations Peace-keeping Force (UNFICYP) was sent to the Island to monitor cease-fire arrangements
This state of affairs continued until July, 1974, when a coup by the Greek Cypriots supported by Greek Army Officers of the "Cyprus National Guard" and the Junta in Greece aiming at ousting the so-called Government of Cyprus and immediately uniting Cyprus with Greece took place. Turkey which according to the Treaty of Guarantee signed in 1960 was a guarantor of the constitutional order in Cyprus was seriously concerned by events following the coup and landed armed forces on the north of the island to prevent the annexation of Cyprus to Greece and the threatened massacre of the Turkish Cypriots.
The Greek Cypriot inhabitants of the northern part of the island, afraid of repressions for their past treatment of the Turkish Cypriots, fled before the advancing Turkish army, and eventually Turkish Cypriots leaving their enclaves all over the island settled in the north.
Negotiations over the years to find a mutually agreed peaceful solution to the Cyprus problem having failed, the Turkish Cypriots re-naming the then existing Turkish Federated State of Cyprus declared the independent Turkish Republic of Northern Cyprus on 15 November, 1983.
A UN plan (Annan Plan) aiming at a comprehensive settlement of the Cyprus problem through the establishment of two Constituent States (Cyprus Greek State and Cyprus Turkish State) to be unified under the federal structure of a Common State to be named The United Republic of Cyprus, was put to separate referanda of the Turkish and Greek Cypriots in April 2004. 65% of the Turkish Cypriots voted in favour of the plan. The Greek Cypriots at the instigation of their political leadership who all through the negotiations of the UN plan (as well as negotiations held for the accession of Cyprus to EU) maintained a favourable attitude towards the UN plan whilst accusing the Turkish side of intransigence, thus lulling the EU, the UN and the international community to believe that they supported the unification of Cyprus under the UN plan, voted a "resounding" no by 76% against the plan, because through their deceitful diplomacy the accession of Cyprus to the EU had already been achieved and it did not matter any longer for them if the re-unification of Cyprus were left to the Greek calends.
At present. although Cyprus is a member of the EU, in practice only the southern 2/3rds of the Island run by the Greek Cypriot regime of the "Republic of Cyprus" is within EU, for the reason that the application of EU community laws (acquis) in the Turkish Republic of Northern Cyprus has been suspended by the EU and are of no effect there.
In consequence, Community Trade Marks afford no protection in the Turkish Republic of Northern Cyprus, neither do registrations in the ‘Republic of Cyprus’.