THE GENERAL LEGISLATIVE FRAMEWORK GOVERNING INTELLECTUAL PROPERTY AND TRADEMARKS IN GREECE

LAWS AND DECREES GOVERNING THE PROTECTION OF INDUSTRIAL PROPERTY

  • L.1733/1987: TRANSFER of TECHNOLOGY, INVENTIONS, INNOVATIONS, ATOMIC ENERGY […];
  • L. 2239/ 1994: NEW INSTITUTIONAL LAW ON TRADEMARKS;
  • P.D. 259/1997: PROVISIONS ON THE IMPLEMENTATION OF THE HAGUE CONVENTION ON THE INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS AND SAMPLES, WHICH WAS RATIFIED BY L. 2417/1996 AND PROVISIONS ON THE NATIONAL PROTECTION TITLES (GOVERNMENT GAZETTE A 185/19-10-1997);
  • P.D. 321/2001: PROTECTION OF BIOTECHNOLOGICAL INVENTIONS (DIRECTIVE 98/44/EC);

LAWS ON THE PROTECTION OF INTELLECTUAL PROPERTY

  1. 2121/1993: INTELLECTUAL PROPERTY, RELATED RIGHTS, CULTURAL MATTERS

TRADEMARK REGISTRATION PROCEDURE AND REQUIREMENTS

The basic requirements applicable to trademark registration are:

  • The trademark is not identical or similar to any registered Trademark distinguishing any identical or similar products or services or even different product or services, if the registered trademark has gained some reputation in the commercial transactions.
    Therefore, before applying for a trademark registration, research should be carried out on the list of registered Trademarks and specifically at the site of the Minister of Economy, Competitiveness and Shipping (former Ministry of Development), (www.gge.gr), at the site of the Office of Harmonization for the Internal Market (OHIM) (www.oami.europa.eu,) as well as at the site of the World Intellectual Property Organization (www.wipo.int). in order to discover any registered trademarks which could hinder the registration of the specific trademark.
  • The trademark is distinguishable, so that the consumers can be sure that the products branded under that trademark derive from a specific company. In fact, the trademark must be clearly distinguished from other trademarks deriving from different companies.
  • The trademark does not consist exclusively in marks or indications as to the type, quality, properties, quantity, value, origin or other characteristics of the product or service.
  • The trademark does not infringe upon the moral conventions or the public order.
  • The trademark is not able to mislead the consumers, especially as to the nature, quality or geographic origin of the product or service.

Trademark registration procedure:

The following documentation is submitted with the Ministry of Economy, Competitiveness and Shipping (former Ministry of Development, Gen. Secretariat for Commerce – Directorate for Commercial & Industrial Property, Kanigos Sq, – 2nd floor- Suite 224 – Business hours: 10:30-13:30):

  • A declaration of specific form in six (6) copies, signed by an authorized attorney.
  1. Where the trademark beneficiary claims that the trademark has “specific colored configuration”, then a colored image is affixed on the above six (6) copies, and ten (10) more colored images are submitted together with ten (10) images in black and white.
  1. Where the trademark beneficiary submits the trademark only in black and white, then a black and white image is affixed on the above six (6) copies and ten (10) more images are submitted in black and white.
  1. Trademark dimensions may not exceed 9 cm. x 8 cm. .
  • In addition to the declaration copies required under para. (1) above, five (5) additional copies are required of the products or services distinguished by the trademark, classified in classes, printed out on an A4 sheet.
  • A revenue stamp of €120.00 for the first class (and a €30.00 revenue stamp for every additional class).
  • A power of attorney (not necessarily notarized) to the undersigned attorney, providing special authorization for trademarks.
  • Where the trademark beneficiary is a General or Limited Partnership, a copy of the company’s Articles of Association is also submitted, whereas with regard to Limited Liability Companies and Companies Limited by Shares a copy of the Government Gazette or other legalization document of the undersigned attorney. The power of attorney must essentially bear the company’s seal and the signature of its legal representative.
  • With regard to foreign trademarks, i.e. where the beneficiary is seated or domiciled abroad, the special power of attorney must define that the beneficiary is subject to the jurisdiction of the Courts of Athens.
  • A dossier with flaps.
  • Stamp duties:        €2.30 in favor of the Athens Attorneys Social Security Fund;    €4.00 in favor of the Jurists’ Fund / Attorneys’ Auxiliary Fund, and a Court revenue stamp of €1.00, which are all affixed on one copy of the declaration (i.e. other than the original), plus a Court revenue stamp of €0.50 which is affixed on one copy for issue of one copy of the declaration submitted.
  • Attorney’s fees prepayment voucher.
  • With regard to Trademarks deriving by Conversion of Community Trademarks, in addition to the above, a special printed declaration is also submitted, along with a Greek translation of the following:
  1. The Community Trademark application;
  1. The application for conversion;
  1. An OHIM certificate certifying the community trademark’s submission date;
  1. An ΟΗΙΜ decision specifying the reason why the community trademark application was rejected. The time limit applicable to the submission of the above documentation is two (2) months, starting as of the date following notification of the applicant by notice of our Department, upon receipt.
  • With regard to Trademarks deriving by Conversion of an International Trademark, in addition to the above, a special printed declaration is also submitted, along with a Greek translation of the following supporting documentation:
  1. A W.I.P.O document certifying the date that the international registration ceased to apply;
  1. A W.I.P.O document containing the information of the international registration.

Procedure from submission of a trademark declaration until final registration:

The trademark declaration together with the relevant file are submitted with the Ministry of Economy, Competitiveness and Shipping (former Ministry of Development). The date of hearing is normally 3 to 4 months after the submission date.

The Trademark Administration Committee examines whether the submitted trademark meets the requirements of the Law. The Committee renders a decision in approximately 6 months.

  • If the trademark is sustained, then it is published within one year in the Commercial and Industrial Property Bulletin (CIPB). Four months after such publication, any third party having a legitimate interest can file an Appeal. If the trademark is not appealed, then it is finally registered.
  • If the trademark is rejected by the Committee, the applicant can file an appeal before the Administrative Court of First Instance and then an appeal before the Administrative Court of Appeals and – if the latter is also dismissed – a petition for reversal before the Council of the State.