In Greece, trademark registration is mandatory for securing statutory rights over a trademark, as it is a “first to file” jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Hellenic Industrial Property Organization (OBI) .
Trademark registration in Greece is regulated under the national Greek law and the laws of the European Union (EU). The procedure allows the owner of a trademark to register it with the territory of Greece and to protect a product or a service against infringements
| Who can file for trademark registration in Greece | Greek residents and foreigners |
| Trademark law in Greece | Greek Law 4072/2012, Law 213/1975, Law 2505/1997, Law 2290/1995 |
| Institution regulating intellectual property matters | The Directorate of Commercial and Industrial Property (Trademark Office) |
| International intellectual property laws recognized in Greece | Nice Classification, Paris Convention for the Protection of Industrial Property, Madrid Protocol on the International Registration of Marks. |
| What constitutes a trademark in Greece | Words, images, letters, numbers, names, shapes, sounds, slogans, patterns, combinations of any of these elements. |
| Types of trademarks that can be registered in Greece | Single class trademarks/ multiple class trademarks |
| Documents required for trademark registration | The representation of the trademark, the list of goods and services covered by the trademark, identification details of the applicant, the power of attorney (when the party is represented by a lawyer, etc.), the person appointed as a representative for notification (antiklitos). |
| Steps to be followed after the trademark application is submitted | After the application is filed, the opposition period will follow (3 months). If there aren’t any issues, then the applicant will be able to register the trademark. |
| The validity of the trademark registration in Greece | 10 years |
| The duration of the registration procedure | Approximately 6 months, in cases where no opposition is filed by another party. |
| Renewal of trademark available (yes/no) | Yes |
| Procedure to acquire international protection of trademark | The law is provided by the Madrid Protocol. |
| Opposition period | 3 months |
| Registration fee applicable (yes/no) | Yes (EUR 110 per one class and EUR 20 per each additional class) |
HOW TO REGISTER A TRADEMARK IN GREECE?
- The registration of a trademark in Greece can be done online;
- Trademark registration in Greece can be done as a single class registration or as a multiple class registration (this refers to the number of classes of services or products that the trademark can represent).
- The applicant must prepare a set of minimum details for trademark registration in Greece and this refers to the following:
- the physical representation of the trademarks;
- the products or services that the trademark is made for;
- information regarding the applicant;
- the power of attorney, in the case in which the applicant is delegated by another party to complete this procedure.
Period of trademark registration:
- In Greece, the trademark registration is available for a period of 10 years. When the 10 years period expires, the owner of the trademark can apply for a renewal of the registration, if he or she still uses the trademark.
Trademark registration procedure in Greece
- Once a person or a company has filed trademark application, then the Intellectual Property Office of Greece will analyse the Trademark aspects such as:
- if the applicant has paid the registration fees;
- if the trademark has all the elements that can qualify the respective sign, mark etc., as a trademark in accordance with the provisions of the law;
- if the goods and services for which the trademark is created are clearly presented.
- The examiner will verify the trademark for any legal grounds for which a trademark can be denied. If there aren’t any issues concerning this, the application will be accepted and will be published on the institution’s website, for public access.
- The application will be made public for a total of 50 days, a period of time in which any other third party can oppose the registration of the trademark, if there are any legal grounds for doing so.
Refusal of trademark in Greece:
The grounds on which a trademark can be refused in Greece, includes:
- the trademark is very similar to another trademark that has already been registered, and both trademarks define the same category of goods/services or even the same goods/services;
- the trademark registration is done by a person, agent or representative without the written consent of the owner of the trademark;
- the trademark overlaps with a sign or trademark registered as geographical indication mark.