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 on the Greek territory and to protect a product or a service against copyright infringements.
That means that other entities or individuals who may have a similar trademark for a similar product will not be able to register it in Greece due to the fact that a trademark has already been registered.
Investors interested in setting up a company in Greeceare, of course, entitled to register with the local institutions for the protection of any trademark, as long as the respective sign respects the minimum requirements imposed by the law.
For more information on this subject, our team of consultants in company formation in Greece remains at your disposal.
|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
|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
|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)
|Procedure to acquire international protection of trademark
|The law is provided by the Madrid Protocol.
|Registration fee applicable (yes/no)
|Yes (EUR 110 per one class and EUR 20 per each additional class)
|Legal services offered for trademark registration in Greece
|Our lawyers can prepare the registration file, present the main rules of law and the rights obtained by the holder of a trademark registration certificate, offer legal representation throughout the entire procedure, represent the client in the steps for the international registration, provide legal counselling and legal represenation in front of competent authorities for opposition cases.
Table of Contents
How can one register a trademark in Greece?
The registration of a Greek trademark can be done online since 2014, when the Greek authorities, namely the Trademark Office of Greece, has developed an online tool
This was created under the Cooperation Fund, a project of the former Office for Harmonization in the Internal Market (OHIM), which is now operating under the name of European Union Intellectual Property Office (EUIPO).
The implementation of the new system has reduced the time spent with the procedure of trademark registration in Greece; regardless of the system selected by an applicant, it is necessary to provide the same type of documents in order to ensure that the registration process can start without any issues.
In the following section, our consultants in company registration in Greece will present the main steps applicants have to respect in this process.
Prior to starting this procedure, it is recommended to verify which are the signs and other marks that can be registered in this country and if there are any aspects that are not clear, our specialists can help you.
First, it is worth knowing that the registration 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 registration itself will require the payment of a processing fee, which is a customary requirement in the case of most of the files which are processed by the representatives of the state, including for Greek company formation.
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.
In Greece, the trademark registration is available for a period of 10 years, which is the standard registration validity at a EU level. 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.
How do Greek authorities analyze a trademark application?
Once a person or a company has completed the application file and submitted it, the analysis of the trademark will begin. Greek authorities will verify specific 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.
Please know that a trademark can be refused for registration based on the following reasons:
- 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.
How can a trademark be revoked in Greece?
There are certain circumstances in which a trademark can be revoked after its registration. One of these cases is when the trademark has not been used for a period of 5 continuous years after the registration.
The same period of time applies if the trademark was used for the goods/services listed, but 5 years have passed since the owner has stopped using the mark.
Revocation can be initiated by any individual or legal entity, by sending a request for revocation to the Trademark Committee.
Appeals against the decision of the Trademark Committee can be addressed to the Civil Court of First Instance in Athens (there is a time limit of maximum 60 days to file the appeal since the issuance of the decision).
Legal aspects to consider about trademark registration in Greece
All matters concerning the registration of a trademark, its usage, opposition, duration and so on are regulated under the local legislation.
Any person interested in starting this procedure is advised to study the basic law regarding this, so that they can be aware of the implications of the registration, the rights and the obligations associated with it and any other legal considerations, some of which are presented in the following list:
- • the definition of a trademark is given by the Article 121 of the Law 4072/2012;
- • the right to use a trademark is done following the provisions of the Article 122 of the same law;
- • the classification of a trademark is completed in accordance with the Nice Classification, where the classes from 1 to 34 refer to products, while the classes from 35 to 45 refer to services;
- • other entities are allowed to oppose the trademark registration in Greece in a period of 60 days since the publication of the trademark registration;
- • the renewal of a trademark can be done for a period of another 10 years.
Please mind that one can lose the right to use the trademark registered in Greece in the case in which the trademark is not used, even in the case in which the applicant is the rightful owner of the mark.
This can happen after 5 years since the registration, provided that the holder of the trademark has not used the sign in the entire period.
We invite you to contact our team of specialists, who can help you open a company in Greece and register with any of the local institutions, including the ones related to intellectual property.