Trademarks: Greece

General Information

International Agreements : Paris Convention, Nice Agreement in the classification 
of Goods and Madrid Protocol.

Classification : Nice Classification (8th Edition); Multi-Class filing

What is Registrable : any trademark consisting of signs capable of being represented graphically, particularly words, including personal names, nicknames, designs, letters, numerals, sounds, musical phrases, the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings. The newspaper or magazine title is considered to be a sign.

Priority under Paris Convention : Yes – within 6 months.

Examination : Yes - Relative grounds of refusal are cited a few days before the hearing. The absolute grounds of refusal are not named. In the case that there are objections from prior trademarks cited or if the client decides so, it is possible to appear at the hearing in front of the Trademarks Administrative Commission and file a Memorandum in support of the trademark registration accompanied by any kind of evidence.

Publication : Yes - After the decision is issued in the Official Bulletin for Opposition purposes.

Opposition : The Opposition deadline is of 4 months starting from the 16th of the month following the publication. If no Opposition is introduced within this restrictive deadline, the trademark shall be registered. On the other hand, if the decision is rejecting the trademark application in whole or in part, the decision is notified to the applicants’ attorney. The applicant can then introduce a recourse against this decision in front of the First Instance Trademark Court of Athens within a deadline of 60 days from such notification.

Time Frame for Registration : 18 to 24 months. 
Registration Term : 10 Years
Renewal Term : 10 Years

Grace Period for Renewals : a six-month grace period for renewal, after the end of 
the ten-year protection, under the condition that the official fees are paid with a 50% surcharge.

Use Requirement for filing : None

Cancellation : the trademark may be cancelled with a Trademarks Administrative 
Commission decision, in the following cases:

  1. if, within five years after the registration date of the trademark, the owner does not use genuinely the trademark or has interrupted the use of the trademark for five continuous years.
  2. If the undertaking for the products of which the trademark has been registered has ceased its function for the last five years.
  3. if, because of the owner’ s conduct or inaction, the trademark has become common or usual commercial name of the product/service for which it has been registered
  4. if, because of the owner’ s use of the trademark or with his consent for the products or services for which the trademark has been registered, the relevant public may be deceived, especially regarding the nature, quality or geographic origin of the products/services
  5. If the trademark has been registered contrary to the articles 3 and 4 of the Greek trademark law, concerning the grounds of refusal of the trademark application

Marking Requirements : None

Assignments – Must assignments be recorded ? Yes
Can pending applications be assigned ? Yes

Licenses – Must licenses be recorded ? It is not compulsory, but it is advisable. 
According to the Greek Law, it is not compulsory to register trademark licenses an as a result, there is no threat of a penalty or invalidity of the agreement in case of non-recordal, except for special cases (i.e. pharmaceutical products). 
However, it is indeed necessary to record a license agreement at the Trademark Office for the following reasons:

  1. When use of a trademark in Greece is made by a licensee and not by the trademark owner himself, there must be a registered license, so that the trademark owner is able to assert that the mark is in effect used in Greece.
    This is the actual case when the trademark is under attack with a cancellation action for non-use. The recordal of the license offers prima-facie evidence that there is use of the mark in Greece, at least since the recordal of the license.
  2. A registered trademark licensee has the right by law to act against infringement actions in his own name, independently of the trademark owner and can request cease and desist of the infringement, as well as compensation in his own name.

Can pending application be licensed ? Yes, as long as the mark has been accepted following successful examination. Licensing can take place before registration

Filing Requirements

Trademark/Service Mark Requirements

  1. Full information about the applicant, (name, address, nationality)
  2. A power of attorney simply signed by the applicant (no legalization required). 
  3. Priority date and number (if any). The official priority document (certified) must 
    be translated into Greek.
  4. A reproduction of the trademark in black and white and in color (if such 
    protection is needed). 10 copies of each must be filed. 
  5. The list of products and services, that needs to be translated in Greek.

Renewal of Trademark/Service Mark Requirements

  1. Power of Attorney duly signed by the Trademark owner. No legalization required.

Assignment Recordal Requirements

  1. Assignment Deed bearing the signatures of both the trademark owner (Assignor) 
    and the Assignee. This document needs to be legalized with Apostille. 
  2. Power of Attorney duly signed by the Assignee, in whose name the petition will be 
    filed for the recordal of the assignment. No legalization required.

License Recordal Requirements

According to the provisions of Greek Law, the written Contract between the parties (legalized with Apostille) must be submitted to the Trademarks’ Administrative Commission (TAC) with a petition and a hearing date is set, during which it is not necessary for the parties to be represented. The TAC examines if the legal prerequisites are met, namely that the suggested use of the licensed trademark:

  1. Does not create any dangers of confusion of the relevant public or misrepresentation. 
  2. Is not against public interest.

Change of Name/Address Requirements

  1. An official Extract from the Companies’ Registry, or a Notarial Declaration certifying the new company name and/or address, which document has to bear an Apostille. 
  2. A Power of Attorney simply signed by the applicant's representative. No legalization required.

 

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