Everything related to the Registration of the Trademark in Greece

Seep Gupta

02 Mar, 2023

It is important to register the trademark in Greece in order to get legal trademark protection. A trademark in Greece is valid for 10 years of time period, as long as the renewal application is filed and the renewal fee is paid before the expiration date. This article talks about everything regarding legal provisions related to trademark and trademark registration in the Greece.

Legal Provisions related to Trademark in Greece

In Greece, trademark registration is regulated and governed by the Greek laws and by the laws of EU (European Union). Law 4679/2020 is the relevant trademark registration legislation that is responsible for the registration of trademarks in Greece, and it was further amended in 2021 by law 4796/2021. Earlier, trademark registration in Greece was governed by 4072/2012. The Greek Trademark Office, which functions within the Ministry of Economy and Development, controls the registration of trademarks. In Greece, the person owning the brand has the right to protect his trademark under the trademark law. However, it is important to remember that Greece, like other countries provide territorial trademark registration, and if someone wants to register his trademark in other countries, then he has to file a separate application or consider international trademark registration options such as the Madrid Protocol.

Trademarks which are non-distinctive, descriptive or deceptive in nature or contra bona mores are excluded from trademark registration. The distinctiveness of a trademark is a specific subject and varies by case by case assessment as to whether the particular trademark is eligible for registration according to above mentioned criteria or not.

What can be constituted as a Trademark?

A trademark can be any sign or symbol or combination of signs and symbols that hold the ability to distinguish the goods and services of one company from the goods and services of another company. The following examples of signs that can be registered as trademarks are mentioned below in great detail:-

• Words such as combinations of letters, numbers and punctuation marks can be registered as a trademark in Greece. These include slogans and other quotes.
• Logos include designs or symbols such as a stylised letter, emblem or mascot. Such as the apple logo or mercades benz logo for reference.
• A single colour or combination of colours can also be registered as a trademark under the trademark registration law in Greece. For example any colour or brand can be registered as a trademark in Greece.
• It is interesting to know that shapes and sounds can also be registered as trademarks, such as the shape or design of packaging or unique or distinctive sound or musical jingles, can be registered as trademarks in Greece.
• In some uniques cases, unconventional trademarks such as smells like a unique scent or fragrance can also be registered as a trademark in Greece.

Types of Trademarks that cannot be Registered

However, there are certain types of trademarks that cannot be registered under the Greek Law. These are mentioned below :-

• Marks that are contradictory with the public orders or counter or ethical standards of morality.
• Common terms or words that have descriptive meanings or those who are not distinctive in nature.
• Names and symbols of state, national or international organisations.
• Shape of a product or marks that serve mainly as geographical locations or, last but not least, marks that may potentially dupe or deceit the customers or general public.

These above-mentioned marks are barred from registration as trademarks in Greece.

Benefits

There are several benefits are mentioned below:-

• Trademark registration grants exclusive rights to the owner of the trademark. This means another party cannot use a similar type of trademark for his goods and services without the owner’s permission.
• Trademark registration provides legal protection on the registered trademark in Greece. It means the owner can take the legal action against the other party in case of any infringement.
• A registered trademark helps in brand recognition and overall increases the brand reputation and enhances its image. Customers are more likely to choose products from a brand which is reliable and trustworthy.
• Trademark registration in Greece prevents counterfeiting by identifying and seizing counterfeit goods at the border.
• Another one of the major benefits of registration of trademark is international protection. A registered trademark in Greece can serve as the basis for international registration as well via international agreements such as the Madrid Protocol.

Documents required for Registration of a Trademark in Greece

For registration of trademark in Greece, following documents are required. These documents are given below:-

• Power of Attorney^[1] is a document that authorises a trademark agent to act on behalf of the trademark owner during the trademark registration process.
• Trademark registration form or application form, or priority document if the trademark has used earlier in another country. These documents are required for the registration of trademark in Greece.
• Certificate of Incorporation in case if the trademark owner is the owner of legal corporate entity or a company and specimen or sample of the trademark is mandatorily required to be submitted along with the trademark application.
• The trademark registration fee must be paid during the time of registration of trademark in Greece.

Procedure for the Registration

The procedure of registration of trademark in Greece is a complicated and a time consuming process and takes approximately 18 months to complete. It involves the following steps. These steps are mentioned below:-

• Before filing for the trademark application, it is really crucial to conduct a trademark search. It is done to ensure that the proposed trademark is available for registration and is not infringing any already existing trademark.
• After this step, trademark application is needed to be filed by the trademark agent. After the filing, the trademark application is examined by the Greek Trademark Office, also known as GTO, to ensure that the application meets the eligibility criteria required for the registration.
• In case of any deficiencies or objections, the trademark applicant is required to reconsider the application or to provide the additional documents required by the law.
• In case the trademark application is approved, the trademark will be published in the trademark gazette, which is a public record of registered trademarks in Greece.
• After this, an period of 4 months is given to the third party starting from the 16th of the month in which the trademark publication is made available to the public.
• In case of no opposition during the stipulated time, the trademark will be registered and the owner will get the certificate of registration. The registration is valid for ten years and can be renewed indefinitely.

Conclusion

To conclude, it can be said that the registration of trademark in Greece is a complicated and tedious process but overall, trademark registration in Greece offers a plethora of advantages for businesses or individuals who wish or seek to expand their business globally and wish to protect their brand and reputation.

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