WHAT IS A TRADE MARK?

A trade mark is any sign, capable of distinguishing the goods or services of one company from those of another.

The trade mark may be consisted of any signs, in particular of words, including the name of persons, or of designs, letters, numbers, colours, the shape of the good or the packaging of the good, or of sounds. The above signs must be capable of being represented in the trade marks’ register, in a manner that allows the competent authorities and the public to determine  with clarity and precision the subject – matter of protection afforded to its proprietor.

WHY SHOULD SOMEONE REGISTER A TRADEMARK?

Trade marks are protected by intellectual property and in particular by industrial property law, while it constitutes a significant intangible asset of its right holder.

The registration of a trade mark confers upon its right holder the right to exclusive use thereof in its goods, its packaging, its printed and other material that is used for the sale or promotion of its goods or/and services.

In addition, the registration of a trade mark entails and ensures the increase of the value of the business of right holder, the protection against the risk of counterfeiting and fraud, the safeguarding against competing trade marks, as well as the protection of the rights of the right holder in a legally enforceable manner, meaning  by recourse to courts.

WHAT CONSTITUTES EXCLUSIVE TRADE MARK USE?

The trade mark’s registration confers on the proprietor the exclusive right to use it, simultaneously prohibiting the use of that trade mark for the same goods or services by any third party.

In particular, it grants proprietor the right to affix it to its goods or services, which intends to distinguish, to affix it to the wrapping and packaging of its commodities, to any kind of advertising of its goods or services, to any printed material, as well as to use it in electronic or audiovisual media. The right to exclusive use of a trade mark type is referring retroactively to the filing date of its registration statement.

WHEN A TRADE MARK IS NOT PROTECTED?

When there is an identical or a similar trade mark, which has previously been registered in the trade mark register and distinguishes identical or similar goods or services. This risk is avoided by conducting a legal preliminary validation research to the European  TMView database, in order to determine the availability of the trade mark.

In the case where the sign of the trade mark is consisted of words or symbols that are purely descriptive in nature, meaning that they describe the good or service to be distinguished or it contains words denoting the quality, quantity, origin or value of the good/service offered.

In the case where the sign of the trade mark is contrary to accepted principles of morality or public policy.

When it has a misleading character, for instance in relation to the place of origin, the quality, the quantity or the nature of the good/service offered.

WHERE IS THE NATIONAL TRADEMARK REGISTER KEPT?

According to Article 35 of Greek Law 4796/2021, the National Trademark Register is maintained by the Hellenic Industrial Property Organisation (OBI), which constitutes an private legal entity, supervised by the Ministry of Development. OBI is the sole competent authority for the registration of trademarks in Greece and in particular for the National Trademark Register which is maintained at the premises of OBI in Athens, at 21 Varvaki & Momferatou Street, 11474, constituting the official National Trademark Register.

The information recorded in the National Trademark Register is public and provided for information purposes. The Hellenic Industrial Property Organisation, making every possible effort, seeks by all appropriate means to ensure the correct recording of the legal status of all trademarks and to safeguard the accuracy, completeness, and continuous updating of the registrations. Nevertheless, errors, omissions, or inaccurate information may exist in the Register.

It is recommended that applicants or any third party with a legitimate interest check the information concerning trademark applications or registered trademarks and, if necessary, to submit requests for correction, in cases where deficiencies or possible errors are identified.

It is noted that the database (TMview) maintained by the European Union Intellectual Property Office (EUIPO) does not constitute an official National Trademark Register that is binding on OBI; it is merely supplied with data from the National Trademark Register, in accordance with the rules governing the operation of that database. On the contrary, it has an exclusively informational character, and the data provided through it should be cross-checked/verified with the National Trademark Register maintained by OBI.

WHAT DOES THE NATIONAL TRADEMARK REGISTER CONTAIN?

According to Article 33(2) of Greek Law 4679/2020, the Register shall contain the following entries:

(a) the particulars of the declarations of filing of trade marks,

(b) the decisions of the Examiners, the Administrative Trade Marks Committee, the administrative courts and the Council of State, as well as the decisions of the civil courts on oppositions under Article 583 of the Civil Code concerning the revocation or invalidity of trade marks,

(c) the particulars of applications before the Administrative Trade Marks Committee pursuant to paragraph 2 of Article 30,

(d) the particulars of appeals and remedies before the administrative courts and the Council of State,

(e) variations and acts on trade mark declarations or registrations,

(f) the particulars of any counterclaims for revocation or invalidity of a trade mark and of any decisions and appeals issued in respect thereof.

Documents or applications relating to any kind of challenge to a registered trade mark shall be entered in the Register of Trade Marks under the supervision of the parties concerned or the Trade Marks Directorate.