1. Why register a trademark?
For both commercial and protection reasons, trademarks should be registered. The risk of not registering a trademark is that others may register an identical or similar mark that could impede the ability to use or register the mark in Greece. Registration is prima facie evidence of ownership and validity. Registration can generate royalties through licensing.
2. Is registration of a mark mandatory?
No. Registration is not compulsory. However, as discussed below, the legal benefits of registration may not be available otherwise.
3. What is registrable?
Any 搒ign?that can be reproduced graphically, e.g., words, names, devices, certain three-dimensional shapes, color combinations, numbers, shapes of goods or of their packaging, provided that it is capable of distinguishing the goods or services covered. While the registration of sounds and olfactory marks is theoretically possible, the Greek Trademark Office has yet to implement a system for the examination thereof.
4. Can a trademark be registered for retail and like services?
No. Retail and like services are not registrable with the Greek Trademark Office. In order to have retail services protected, the following phrasing is used : "bringing together, for the benefit of others, of a variety of goods - excluding transport - to enable consumers to view and buy the products".
5. How are domain names protected?
Domain names are protected by the registration of the domain name with the national domain name authority on a first come, first served basis. In general, the courts apply the same principles for domain name disputes that are applied to trademark disputes. No specific legislation is currently in force for the protection of domain names.
6. Should a trademark be searched before filing?
Search before filing is recommended.
7. How do I file?
An applicant may file by submitting an application accompanied by the necessary documents.
8. What information must be provided before filing?
Before filing, an applicant must provide: a complete list of goods; full name, address, occupation and nationality of the applicant; a signed power of attorney stamped with the company's seal; and a specimen of the trademark. Where color is a distinctive feature, 15 additional specimens are required. If the mark consists of a word in ordinary block letters, no facsimiles are required.
9. Is local registration the only option, or are there international alternatives?
A Greek registration only has effect in Greece. A Community Trade Mark registration is automatically effective in Greece. Greece can also be designated in an international trademark application, since Greece has acceded to the Madrid Protocol (see Guide on the Madrid Agreement and Protocol).
10. Is it necessary to file more than one application if a mark is used in more than one class of goods and/or services?
No. It is sufficient to file one application that will include all classes.
11. Is it possible to take advantage of a home application or registration?
If an applicant抯 home country is a member of the Paris Convention, and provided its home application has been filed within the six months preceding a Greek application, the priority date of the home application can be claimed as the filing date in Greece. A Community trademark can claim seniority based on a Greek registration (see entry for the Community Trade Mark).
12. Must a trademark be used after registration, and what happens if a trademark is not used?
A mark must be used within five years from the registration date. If not, the registration is open to cancellation for nonuse. However, resumption of use prior to the filing of the cancellation petition prevents the cancellation of the trademark.
13. Is using a variation of the trademark allowable?
If the difference is slight and does not alter the substance of the registration, use of the different form would be considered proper use.
14. Is there any advantage to using a trademark before filing an application?
Yes. Greece recognizes prior use and, if sufficient, may provide legal grounds for cancellation or opposition of subsequent marks.
15. For an application to be valid, are there any particular requirements that must be met?
No.
16. What information is first published about an application/ registration and when is it published?
If the application is accepted, it is published in summary in the Greek Bulletin of Commercial and Industrial Property within six months from the issuance of the related decision.
17. What kind of examination (if any) will a new application undergo?
The application is examined on absolute and relative grounds. There is an ex officio examination for prior conflicting registrations.
18. What response to official objections is required?
The applicant is entitled to reply to the examiner抯 objections within the deadline set by the Greek Trademark Committee, upon the hearing thereof. Replies include written arguments and supporting material.
19. How long is the registration process?
In the absence of objections and oppositions, the registration process takes approximately ten months from the examination date.
20. What rights does an application confer?
The application can be cited against a subsequent conflicting application. It entitles the applicant to file oppositions that may, however, be held pending until the opposing trademark becomes registered.
21. What is the legal effect of a registration?
Registration gives the owner the exclusive right to the use of the trademark. The registrant can seek legal protection through administrative, civil or criminal actions.
22. Can an application be opposed or cancelled by third parties?
Yes. Third parties may lodge oppositions within four months of the 16th day of the next month of the actual publication date in the Official Bulletin of Commercial and Industrial Property. Third parties may file a cancellation petition for non-use or bad faith."
23. Can an application or registration be assigned?
Yes.
24. Must an assignment include goodwill?
Not necessarily. The assignment may be either with or without goodwill.
25. Does an assignment have to be recorded?
Recordal is not compulsory. However, only recordal entitles the assignee to invoke the rights arising from the registration.
26. Can an application or registration be licensed?
Yes, provided that the application has been examined and accepted.
27. Does a license have to be recorded?
Recordal is not compulsory. However, it is advisable that a licence be recorded so that the use inures to the benefit of the trademark owner.
28. What is the territorial limit of a registration?
The territorial jurisdiction is Greece.
29. How long does a registration last?
The term of registration is ten years from the filing date, and is renewable for like periods.
30. What is required to renew a registration?
Payment of the renewal fee.
31. Is it necessary to indicate a trademark registration on goods or services?
No. Marking is optional.
32. Does the International Classification System apply?
Yes.
33. Is your national office accessible online?
Yes. Please visit www.gge.gr. Data provided includes the word portion and registration number of a trademark, and the classes of goods and/or services covered by the trademark. Data on devices, graphic representations, the owner or representative is not currently available. |
