Trademarks

The primary sources of trademark rights are the Greek Trademark Law (4072/2012, as currently in force) and the EU Trademark Regulation (2017/2001).

The Greek trademark legal framework also includes:

• Law 213/1975, ratifying the Paris Convention for the Protection of Industrial Property;
• Law 2505/1997, ratifying the Nice Agreement on the Classification of Goods and Services;
• Law 2290/1995, ratifying the Agreement on Trade-Related Aspects of Intellectual Property Rights; and
• Law 2783/2000, ratifying the Madrid Protocol on the International Registration of Marks.

In Greece, trademark rights are acquired through registration. In the case of establishment of a designation or identifier through use, protection may be granted under the Greek Unfair Competition Law (146/194). Therefore, use-based rights (unregistered trademarks) are also protected under the Unfair Competition Law.

The Greek Trademark Law and the EU Trademark Regulation constitute the main sources.

Any character – in particular, words, names, images, letters, numbers, colours, the shape of a product or its packaging, sounds, slogans, patterns, combinations of the abovementioned elements or similar – may constitute a registered trademark.

Any designation or identifier that is capable of distinguishing the rights holder’s goods or services from those of others, and which can be reproduced in the Trademark Register in a manner that makes it possible for the competent authority and the public to determine its scope of protection, may constitute a registered trademark.

Under Greek law, designations and identifiers that are non-distinctive, descriptive or deceptive, or contra bona mores, are excluded from trademark registration. In general, a case-by-case assessment as to whether a relevant designation or identifier fulfils the abovementioned criteria is conducted.

The Greek Trademark Office, which functions within the Ministry of Economy and Development, is the competent body.

The official trademark application fee is €110 for one class and €20 for each additional class (up to 10 classes). There are no mandatory fees during prosecution or assessment of the application. The issuance of an official copy of a registered trademark is subject to a fee of €1.

Yes.

Class-wide applications are allowed. In this case the applicant shall identify the class headings. Following recent case law of the EU courts, the class headings are interpreted from 2012 onwards as covering only those goods and services that fall within the literal meaning of each term. Therefore, the applicant must indicate that the application covers the whole list of goods and services falling within the respective class.

There is no requirement for intention to use when filing the application. The owner is free not to use the mark for five years following registration. After that, the mark is susceptible to cancellation for non-use. The Greek Trademark Law prohibits the registration of trademarks that are filed in bad faith; however, lack of intention to use the mark is not considered bad faith.

Yes. The Trademark Office examines the application on both absolute and relative grounds for refusal. If a conflicting mark is found, the Trademark Office will notify the applicant, which then has a period of one month to revoke or restrict the scope of protection sought. The applicant is also entitled to an appeal should the trademark application ultimately be refused.

The Trademark Office will check that all formal requirements in relation to the trademark have been satisfied and will examine it on absolute and relative grounds.

The Ôrademark Office will also examine whether the mark:

• is deceptive;
• violates other laws, public order or morals;
• includes a coat of arms or national flag; or
• is protected as a geographical indication.

No.

Yes.

No.

Usually, approximately three months.

Usually, approximately three to four months.

A registration refusal issued by the Trademark Office examiner may be appealed before the Administrative Trademark Committee within 60 days of notification to the applicant. The deadline is 90 days for applicants seated abroad.

An appeal before the Administrative Trademark Committee must be submitted in writing by any natural or legal person that demonstrates a sufficient interest in the case and receives a protocol number. Upon filing of the appeal, a hearing date is set before the Administrative Trademark Committee. The filling of an appeal is recorded in the Trademark Books.

Yes. Decisions of the Administrative Trademark Committee may be challenged before the Administrative Court of First Instance through an appeal, as per the Greek Administrative Procedural Law.

Yes.

Any natural or legal person claiming sufficient interest in the case may file a notice of opposition based on absolute grounds for refusal of a trademark application, as those grounds are provided for under the Greek Trademark Law. Chambers and consumer unions are also entitled to oppose a trademark application based on certain absolute grounds for refusal. A trademark application may be opposed based on relative grounds for refusal by owners of previous trademarks or, conditionally, by licensed owners of previous trademarks.

An accepted trademark application may be opposed within three months of publication on the official website of the General Secretariat for Commerce of the Ministry of Economy and Development.

Trademark oppositions are heard by the Administrative Trademark Committee.

The opposition must be submitted in writing before the Administrative Trademark Committee within the abovementioned timeframe, including all relevant grounds and payment of the applicable fee. Upon receipt, the Administrative Trademark Committee will decide on the date for the opposition hearing and notify the trademark applicant accordingly. Additional statements may be submitted up to 15 days before the hearing date and upon due notification of the other party. The Administrative Trademark Committee will issue a decision based on all evidence in its possession and may either totally or partially cancel the trademark application or reject the opposition. In the latter case, the trademark application shall be deemed accepted.

Decisions of the Administrative Trademark Committee may be appealed before the Administrative Court of First Instance within 60 days, which starts to run from the day after official notification of the decision in question. If the applicant is seated abroad, the deadline is 90 days.

Under Greek law, unregistered trademarks may enjoy the same level of protection as registered trademarks, under the conditions set out in the Unfair Competition law.

Registration of a trademark does not confer additional legal rights on the owner, as compared to an unregistered trademark. However, it does afford benefits such as confirmation of the timing of the trademark’s creation. Furthermore, the scope of protection may be broader, depending on the list of goods or services set out in the trademark application. A trademark registration is not subject to the condition of actual use of the trademark for a period of up to five years from registration. On the other hand, as far as unregistered trademarks are concerned, the scope of protection is specifically limited to those goods or services for which the trademark is used.

There is no separate register for descriptive marks.

The trademark owner may claim:

• immediate termination of the infringement and an order for the future cessation of the infringement;
• damages for the unauthorised use of its trademark and moral damages, provided that the infringement was committed with negligence or intent;
• recall and/or destruction of infringing products;
• disclosure of information about the infringing use, including the scope of the same; and
• publication of the court judgment.

The remedies are the same as those set out in question 7.1.

No.

A trademark owner may file a civil claim against the infringer through ordinary court proceedings. It may also file for an injunction to the extent that urgency is established, including a request to secure evidence at the infringer’s premises and a request for a preliminary injunction for cessation of the infringing practices and seizure of the infringing goods.

The trademark owner is also entitled to pursue criminal proceedings. Under the penal procedure, the trademark owner is not considered a party to the case and hence has limited scope of action concerning discourse of the case.

The defendant may indicatively object that:

• there is no confusing similarity between the marks or the earlier mark does not enjoy a reputation;
• there is no risk of repetition of the infringement in the future;
• the allegedly infringing designation or identifier is not used on a commercial scale;
• the designation or identifier is used in a descriptive way and not as a trademark;
• the trademark is used in a legitimate way to inform customers that products under this trademark are being sold;
• the right of the trademark owner to seek a cease and desist order has lapsed, or there is no urgent need for a court decision (in preliminary measures proceedings); or
• the defendant has a right of its own to use the mark.

Decisions of a first-instance court may be appealed before the Court of Appeal. Decisions of the latter may be challenged through a cassation petition before the Supreme Court on points of law.

The term of protection lasts for 10 years, which starts to run from the day after the trademark application is filed. This term may be renewed for further 10-year periods from the date of expiry of the registration period.

Renewal of a trademark application is subject only to payment of the relative official fee.

A trademark registration may be cancelled on the grounds of non-genuine use for five years or on any of the relative or absolute grounds for refusal set out in the Greek Trademark Law. These indicatively include the following:

• The trademark has become generic;
• The trademark infringes third-party rights; or
• The trademark has become misleading to the public, especially regarding the nature, quality or geographical origin of the goods or services.

The Trademark Office may not cancel a registration on its own initiative.

Generally, any natural or legal person with a sufficient relative interest may file a cancellation or revocation action before the Administrative Trademark Committee based on absolute and/or relative grounds for refusal, or on the grounds of non-use. Chambers and consumer unions are also entitled to file a cancellation notice on certain grounds.

The cancellation or revocation action must be submitted in writing and becomes pending upon payment of the applicable official fee. An action based on registration that was contrary to good faith (or in bad faith) may be filed throughout the term of the trademark’s protection. If the cancellation notice is filed by a previous trademark owner on the grounds of invalidity due to non-use and the owner of the later trademark so requests, the owner of the previous trademark must demonstrate genuine use of the latter trademark for five years preceding the date of filing the notice for cancellation on the grounds of invalidity. The Administrative Trademark Committee will issue its decision based on all evidence gathered.

The decision of the Administrative Trademark Committee is subject to an appeal before the Administrative Court of First Instance, which must be filed within 60 days, starting from the day after official notification of the decision in question. The deadline is 90 days if the party is seated abroad.

No, there are no particular requirements concerning the validity of a trademark licence. However, a trademark licence agreement must not be contrary to competition law rules; hence, it may not include clauses that lead to effects such as vertical price fixing of the trademarked goods or services.

Yes. Trademark licences must be recorded in the relevant records of the Trademark Office (the Trademark Books).

No. However, depending on the nature of the trademark licensing agreement (eg, if it is part of a distribution agreement), different clauses may apply between the parties.

Where an application is filed contrary to good faith, according to the Greek Trademark Law and the Paris Convention, foreign trademarks may be enforced to the extent that:

• they are notorious marks (ie, worldwide famous marks); or
• the application was filed in bad faith or the mark was used contra bona mores (ie, unfair competition under the Greek Unfair Competition Law).

Yes.