News Archive (16)Jan 12, 2024 (Newsletter Issue 1/24)Geneva Act (1999) RatifiedOn November 13, 2023, the Government of Greece deposited with the Director General of the World Intellectual Property Organization (WIPO) its instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“1999 Act”).
The instrument of ratification was supplemented by the following declarations under the 1999 Act:
the declaration referred to in Article 11(1)(a) of the 1999 Act, whereby the maximum period for the deferment of the publication of an industrial design provided for by the legislation of Greece is 12 months from the filing date; and
the declaration as required under Article 17(3)(c) of the 1999 Act, specifying that the maximum duration of protection provided for by the legislation of Greece in respect of industrial designs is 25 years.
In accordance with Article 28(3)(b) of the 1999 Act, the 1999 Act and the declarations will enter into force with respect to Greece on February 13, 2024.
The ratification by Greece of the 1999 Act brings the number of Contracting Parties to this Act to 72. The total number of Contracting Parties to the Hague Agreement remains at 79. A list of the Contracting Parties to the Hague Agreement is available on the WIPO website here.Source: www.wipo.int Nov 09, 2023 (Newsletter Issue 9/23)
New Administrative Requirements for Trademark Renewal Drafted
According to a most recent announcement of the Hellenic Industrial Property Organization (OBI), new administrative requirements for trademark renewal and change recordal petitions are being discussed.
Specifically with respect to trademark renewal petitions, these may in the future be required to be accompanied with:
1. a Power of Attorney, duly legalized with Apostille.
2. an official document (duly legalized with Apostille) confirming that the person who has signed the Power of Attorney is the legal representative of the trademark proprietor.
However, there is no change of practice, until further notice, because the discussion is not finalized yet.
Source: www.vklaw.gr
May 06, 2021 (Newsletter Issue 9/21)
Back-office System Enhanced
On April 6, 2021, the Hellenic Industrial Property Organisation (OBI) has improved its back-office system with the support of the EUIPO’s European Cooperation Projects (ECP2).
The upgrade enhances the user experience because it automates operations related to persons, history sections, and tasks. Furthermore, the authentication system was improved, reinforcing the integration with the centralized user management service.
Source: www.euipo.europa.eu
Dec 03, 2020 (Newsletter Issue 20/20)
IP Office Provides Design e-Filing Now
As of December 1, 2020, the Industrial Property Organisation in Greece (OBI), with the support of the EUIPO’s European Cooperation Service, improved its digital services with the launch of a new online platform to file applications for design registrations electronically.
The new front office platform allows users to take advantage of a set of new features, such as:
- user authentication, using a custom authentication mechanism provided by the Greek General Secretariat of Information Systems for Public Administration (GSIS / taxisnet);
- integration with an external e-payment system, supported by one of Greece’s 4 primary banks;
- seamless integration with the existing OBI back office system for designs;
- compliance with General Data Protection Regulation (EU) 2016/679.
Source: www.euipo.europa.eu
Oct 22, 2020 (Newsletter Issue 17/20)
Back Office System Enhanced
On September 9, 2020, the Greek Trademark Office, with the support of the EUIPO’s European Cooperation Projects, has implemented several functional enhancements to its back office tool by simplifying back office communications, letters and search functionalities in order to increase efficiency and operational effectiveness when using the system.
Source: www.euipo.europa.eu
Aug 06, 2020 (Newsletter Issue 13/20)New Trademark Law ImplementedThe 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 hereSource: www.inta.org; www.prentoulis.gr Aug 01, 2020
First Greek Authenticity Certified in European Cooperation Project
On July 30, 2020, the Municipality of Thessaloniki (Greece) became the first certified ‘Authenticity’ under the framework of the European Cooperation Project (ECP8) ‘European Network of Authenticities’.
Following a Memorandum of Understanding signed between the Hellenic Industrial Property Organisation (OBI) and the Municipality of Thessaloniki, in cooperation with the Metropolitan Area of Thessaloniki, the Chamber of Tradesmen, the Economic chamber of Thessaloniki and the Chamber of Small and Medium-Sized Enterprises of Thessaloniki, a series of IP-related awareness-raising activities will take place locally over the next two years in the newly certified Authenticity.
This European Cooperation Project aims to raise awareness of both the value of IP, and the damage caused by counterfeiting in European cities among local policymakers, businesses and, ultimately, the European public.
Source: www.euipo.europa.eu
Jun 11, 2020 (Newsletter Issue 9/20)
Digitisation of Paper Books at IP Office
On June 3, 2020, the Greek Trademark Office (GGE) has successfully completed the digitisation of paper books. More than 1.3 million pages of 2,600 stored books have been digitised, which form 390,000 trademark dossiers.
The digitisation process in GGE has been carried out in scope of the ECP5 ‘Capture and Store Historical Files’ subproject, which aims at digitising paper files across the EU intellectual property offices to enable easy and rapid access to documentation and data related to trade mark and design dossiers.
Source: www.euipo.europa.eu
Apr 04, 2019IP Office Will Not Accept Merger Request of Intl. RegistrationGreece has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.
In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please click hereSource: www.wipo.int Mar 15, 2018 (Newsletter Issue 5/18)Compulsory Mediation Procedure in IP Infringements SoonThe Law No. 4512/2018 on Arrangements for the Implementation of the Structural Reforms of the Economic Adjustment Programmes and Other Provisions was published in the Official Gazette on January 17, 2018, and entered into force on the same day, except as otherwise specified in different provisions of this Law.
The Law introduces inter alia in its Chapter B, Articles 178 to 206, the compulsory mediation procedure in civil and commercial matters. Article 182, paragraph f, especially provides that the disputes arising from the infringement of trademarks, patents and industrial designs be resolved by mediation before going to court for judicial proceedings. The mediation process will be applicable as of October 17, 2018.Source: www.wipo.int Jan 30, 2018 (Newsletter Issue 2/18)
Mediation in Trademark Disputes Soon to be Obligatory
By virtue of law 4512/2018 which was published on January 17, 2018, all disputes concerning trademarks, patents and industrial designs initiated before civil courts are subject to obligatory mediation.
Hearing of the cases shall be inadmissible if the obligatory mediation process stipulated in the law has not been followed. The provisions shall start to apply as of October 17, 2018.
Plaintiffs are required to submit a request for appointment of a mediator from the list of mediators available on Ministry of Justice website and invite the other party to arrange for mediation within the next 15 days following such invitation. The mediation as such shall not exceed 24 hours unless otherwise agreed by the parties. The mediation must be completed within 30 days following the initial invitation. This may be extended upon mutual agreement of the parties by 30 more days.
Physical presence is not required and mediation can be conducted via teleconference which will be important to foreign entities.
In the mediation proceedings the parties are present together with their attorneys. The parties may decide at this first meeting that they do not wish to engage in the mediation process. This shall suffice for purposes of admissibility of the hearing.
If parties reach an agreement, the respective minutes including the settlement agreement may be submitted to the court secretariat for certification by any of the parties and become an enforcement title. Interim measures are not precluded pending mediation proceedings.
Source: Tsibanoulis & Partners, Greece
Mar 18, 2015 (Newsletter Issue 4/15)Change of Practice of PoADue to a recent change of practice for foreign applicants, the Greek Trademark Office requires that the PoA is authenticated up to the Hague Apostille.
Alternatively, the PoA can be filed without legalization provided that it is accompanied by a certified copy from the Companies’ Register or equivalent authority indicating that the signing person is an authorized legal representative with Apostille authentication.
Source: Law Office Evanghelou, Greece
Nov 11, 2014 (Newsletter Issue 17/14)E-Filing now PossibleThe Trademark Office of Greece has implemented e-filing for trade marks, a tool developed under the framework of the Cooperation Fund in collaboration with OHIM.
The new e-filing system offers an online registration process that makes trademark applications easier, quicker and more accessible. All users of the Greek trademark system will benefit from this.
The succesful implementation of the new e-filing system is a result of the collaborative work between the Greek Trademark Office and OHIM experts.
Source: www.oami.europa.eu Oct 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 May 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 Jul 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 4679/2020
Greece is a member of the Madrid Protocol and the European Union.
Trademark protection is obtained by registration.
ClassificationNice classification, 12th edition
What is Registrable as a TrademarkRegistrable as a national trademark is any sign, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of
(a) distinguishing the goods or services of one undertaking from those of other undertakings and
(b) being represented on the Register, in a manner which enables the competent authorities and the public to determine in a clear and precise way the subject matter of the protection afforded to its proprietor.
Registration ProceedingsThe application is filed at the Industrial Property Organisation (OBI).
Multiple-class applications are possible.
Foreign applicants need a local agent.
Foreign applicants need a Power of Attorney; simple signature is sufficient. In case of a company, the document must be stamped/sealed with the company’s stamp/seal.
If the trademark is not written in Greek or Latin script, a transliteration in Greek or Latin characters is required.
The application is checked by the Controller in terms of completeness, representation, description of goods/services, fees and any other documents.
The application process includes a formal examination and an examination on absolute grounds (e.g. distinctiveness) by the Controllers.
The Office’s Researchers shall conduct similarity searches to identify prior rights and notify third parties which may have an interest to file oppositions. In any case, earlier rights holders should monitor the Register. Examiners can reject the application only on the basis of absolute grounds of refusal.
If approved by the Examiner, the trademark is published on the website of the Industrial Property Organisation (OBI).
It is registered 3 months later if no opposition has been filed.
Opposition PeriodNational:The opposition period is 3 months from the next date of the electronic publication of the decision by virtue of which the trademark application was approved.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark DurationA trademark registration is valid for 10 years starting from the date of application. The registration is renewable for periods of 10 years.
Grace Period for Trademark RenewalPractical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is EUR 120 (paper filing) or EUR 100 (e-filing) for the first class and EUR 20 for each additional class.
The official fee for filing a trademark renewal is EUR 110 (paper filing) or EUR 90 (e-filing) for the first class and EUR 20 for each additional class.
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Practical details on trademark licensing are available in our publication
here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
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Jan 24, 2023
Law Office Evanghelou, Athens, Greece
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