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.
A third party may file an opposition against an application within three months as of the next day of the publication of the decision on the website of the General Secretariat of Commerce[1].
Proof of use is provided as a defense to the Applicant during the opposition proceedings. If the trademark on which the opposition is based has been registered for more than five years prior to the application date of the Applicant, the Applicant can request that the Opponent submit evidence of genuine use of the mark in respect of the relevant goods or services on which the opposition is based in the five years preceding the filing date of the application, or to prove that there was a valid reason for non-use thereof.
In case the Opponent does not prove the genuine use of its trademark or that there was a justifiable reason for its non-use, the opposition shall be rejected on procedural grounds, without examining the merits of the matter.
[1] https://www.worldtrademarkreview.com/global-guide/the-wtr-yearbook/2021/article/greece