Greece (GR)

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10-16-2012 (Newsletter Issue 15/12)
New Trademark Law in Force/Official Fees Reduced
The 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 Law
The 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.


Source: www.kluwermanualip.com

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.
National:
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.

Recordal
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

Effectiveness
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.

Infringement Proceedings
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.
Search type First class Add. class
Word Mark Search (availability) 220,00 € 50,00 € 
Word Mark Search (identical) 120,00 € 30,00 € 

The Prices above are S.M.D. Markeur Search Fees
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:

Country Survey
10-17-2012
Law Office Evanghelou, Athens, Greece  

02-09-2011
Law Office Evanghelou, Athens, Greece  

Licensing
11-07-2011
Law Office Evanghelou, Athens, Greece  


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Vayanos Kostopoulos


Dr. Jur. Nikolaos Lyberis
Dr. Jur. Nikolaos Lyberis
37 Stournara Street
10682 Athens
Greece (GR)
Tel +30 210 3808 501
Fax +30 210 3816 685
n.lyberis@vklaw.gr
www.vklaw.gr

With more than 110 years of legal expertise VAYANOS KOSTOPOULOS is one of the leading law firms with specialisation in the field of Industrial and Intellectual Property in Greece and Cyprus.

Committed to the needs of our distinguished associates and clients who come from all branches of industry and services, we serve enterprises of all sizes, including individual inventors and creators.
Our staff includes European Patent Attorneys, Lawyers, Trademark Attorneys and Litigators, Technical Advisors and Paralegals.

Our firm's operation is supported by most modern customised software and hardware facilities enabling the maintenance of reliable electronic records.

Memberships
AIPPI, ECTA, INTA, EPO, ITMA, CIPA, GRUR et.al.

Languages: English, German, French

Fields of Specialization:
Trademarks
Patents, SPCs, Utility Models
IP Rights Maintenance
Litigation
Designs
Domain Names
Searches
Contracts
Customs Registration

Contact person: Dr Nikolaos Lyberis, Director, Attorney-at-Law

Law Office Evanghelou


Vasso Evanghelou
Vasso Evanghelou
45, Syngrou Avenue
11743 Athens
Greece (GR)
Tel + 30 21 09 21 03 62
Fax + 30 21 09 21 03 63
info@evalaw.com
www.evalaw.com

Law Office Evanghelou is a Greek law firm specialized in the field of Intellectual and Industrial Property protection since 1922.
Through the years we stay focused on providing our Clients with personalized, prompt and efficient legal services in combination with predictable fixed pricing.
Well-qualified attorneys, translators, consulting engineers, paralegals and secretariesform our team.
Our comprehensive services comprise searching, filing, renewal, watching, prosecution,litigation and dispute resolution regarding Patents, Trademarks, Designs in Greece and Cyprus.

Directorate of Commercial & Industrial Property” (Trademark Service) of the Ministry of Development
Plateia Kaningos
101 81 Athens
Greece

Tel +30 210 389 3000
Fax + 30 210 384 2642
Mail gge@gge.gr
www.gge.gov.gr




European Patent Office (EPO)
Erhardtstrasse 27
80469 Munich 2
Germany
Tel + 49 89 23 99 0
Fax + 49 89 23 99 45 60
www.epo.org

Office for Harmonization in the Internal Market (OHIM)
Avenida de Europa 4
Apartado de correos 77
03008 Alicante
Spain
Tel + 34 96 51 39 10 0
Fax + 34 96 51 31 34 4
www.oami.europa.eu

World Intellectual Property Organization (WIPO/OMPI)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel + 41 22 33 89 11 1
Fax + 41 22 73 35 42 8
www.wipo.int