10-16-2012 (Newsletter Issue 15/12)New Trademark Law in Force/Official Fees ReducedThe new Trademark Law No. 4072/2012 which was published in the Government’s Gazette on April 11, 2012 is in force since October 11, 2012. For further information on the new Trademark Law please check the news archive of Greece or here
The official application fees for trademarks have been reduced. The fee for filing a trademark is now EUR 110.00 for one class and EUR 20.00 for each additional class (11th class upwards free).
Source: Vayanos Kostopoulos, Greece
05-02-2012 (Newsletter Issue 7/12)New Trademark LawThe new Greek Trademark Law No. 4072/2012 was published in the Government’s Gazette on April 11, 2012 and will be set into force as of October 11, 2012.
The main features of the new law include:
- E-filing possible
- Examiner will decide on absolute and relative grounds of refusal to speed up the registration procedure
- Official fees will be reduced
- Opposition term shortened to 3 months
- Faster electronic publication facility for accepted applications
- Codifies various provisions of the Greek law governing CTMs and International Registrations
- A trademark license agreement may be recorded upon petition o either the licensor or the licensee without the need for submission of the license deed and its examination by the Administrative Trademarks Committee.
For further information please also check the article of Dr. Nikolaos Lyberis from Vayanos Kostopoulos Law Firm here
Source: Vayanos Kostopoulos Law Firm, Greece
07-01-2010 (Newsletter Issue 12/10)
Updates on Annulments/Revocations Available
The Hellenic Industrial Property Organization (OBI) will inform either through its official bulletin or on its website about updates on annulments/revocations of industrial property titles.
Furthermore, monthly discounts or withdrawal rights on industrial property will also be available. No information on these subjects will be provided in the future by letters.
Legal basis is the Law No 4072/2012 Articles 121-196 ( fully enforced on 11.10.2012)
Greece is a member of the Madrid Protocol and the European Union.
Trademark protection is obtained by registration.
Nice classification, 10th edition
Registrable as a trademark is every sign which can be graphically represented provided that it has a sufficient degree of distinctiveness. A Trademark can consist of words, names, trade names, pseudonyms, devices, drawings, letters, numbers, colours (if distinctive; a colour itself is not registrable), colour combinations, the three-dimensional form of a product or its packaging and any combination of the mentioned signs. Sound marks and music phrases are theoretically registrable, but the Trademark Office has not elaborated examination guide lines yet.
The application is filed at the “Directorate of Commercial & Industrial Property” (Trademark Service) of the Ministry of Development in Athens.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
If the Trademark is not written in Greek or Latin script, a transliteration in Greek or Latin characters is required.
The application is examined regarding both absolute and relative grounds of refusal. It also includes a formal examination.
If approved by the Examiner, the trademark is published on the website of the Trademark Office (General Secretariat of Commerce) within one month from the filing date.
It is registered 3 months later if no opposition has been filed.
Since the law is very recent, a realistic estimation of the timeframe from filing to registration is not yet possible; however, it is expected to be much shorter than under the previous law which took approx. 18 months.
The opposition period is 3 months from the date of the electronic publication of the decision by virtue of which the Trademark application was approved.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
The opposition period is 3 months from the date of the electronic
national publication, by virtue of which the national part of the IR is approved
A trademark registration is valid for 10 years starting from the day following the date of application. The registration is renewable for periods of 10 years.
If the trademark has not been used within 5 years from registration or has later not been used for 5 years continuously, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.
The official application fee for trademarks is EUR 110.00 for one class and EUR 20.00 for each additional class (11th class upwards free).
Trademark renewals are EUR 90.00 in one class and EUR 20.00 for each additional class.
Trademark Licence Agreement
In Greece a licence to use a trademark must be in writing. Licensing of unregistered trademarks is permitted. A licence to use a trademark may be restricted to only some of the goods or services covered by the trademark. The sale of a registered trademark does not automatically terminate the licence agreement. There are no statutory provisions which require specific terms to be incorporated into a licence agreement.
There are provisions in law for the recordal of a licensee with the Trademark Office. The recordal of a licence is not mandatory but according to Greek Trademark Law the permitted use by a licensee inures to the benefit of the trademark owner only when the licence is recorded in the Trademark Register. The recordal of a licence presupposes a non-rebuttable presumption that the use by the licensee is permitted use. There is no time frame for the recordal of a licence. The licence agreement must be signed by the parties and further authenticated by apostille.
The following document is required for a recordal:
1. A simply signed power of attorney from the licensor
The licence becomes effective and enforceable against third parties from the date of the entry of the licence in the Trademark Register. Publication is not required.
There is an evidentiary presumption that use by a recorded licensee is permitted use. A licensee may join the owner in infringement proceedings. He may also call upon the owner to institute proceedings. Greek Trademark Law provides that a registered user can institute proceedings in his own name. He is not required to cite the owner as co-defendant in any such proceedings. There is no time frame after which the registered user can act in his own name. Since the validity of a licence agreement is subject to contract law, this may be regulated between the parties.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
|Word Mark Search (availability)
|Word Mark Search (identical)
|Extended Search (word mark, company name, domain)
|Device Mark Search (availability)
|Trademark Owner Search
|Company Name Search
|Domain Name Search (extended)
|i-Search (word mark availability + legal opinion)
The Prices above are S.M.D. Markeur Search Fees
We would like to thank the following law firms for their assistance in updating the information provided: