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Amendments to Trademark Laws

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Aug 06, 2020 (Newsletter Issue 13/20)
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New Trademark Law Implemented

The new Trademark Law 4679/2020 entered into force in Greece on March 20, 2020. It implements the Directive (EU) 2015/2436 to approximate the laws of the member states relating to trademarks and the Directive 2004/48/EC on the enforcement of intellectual property rights.

Certain provisions are retroactive to January 14, 2019. The new law consists of 90 articles and replaces the previous Trademark Law 4072/2012. Although Directive 2004/48/EC had already been implemented in the previous Trademark Law 4072/2012, the new law revises certain aspects of the trademark enforcement system.

Important changes are the following:
- No graphical representation requirement for trademarks anymore
- New types of non-traditional trademarks such as 3D, holograms, and sounds can be registered
- Certification marks are now available
- Relative grounds for refusal are no longer examined ex-officio
- Civil courts’ competence in trademark invalidity proceedings
- Invalidity counterclaims in infringement proceedings before the civil courts
- Non-use as defense in infringement proceedings
- Defenses in preliminary injunction proceedings
- Remedies for infringement
- Introduction of voluntary mediation in proceedings

For further information, please click here and here