LEGAL UPDATE: NEW LAW ON TRADEMARKS

trademarks
Posted on : 31 Mar 2020

On 20/03/2020 the new law on trademarks, law 4679/2020, voted by the Greek Parliament on 13/02/2020 was published in the Official Gazette.

The new law on trademarks aims to incorporate into the Greek legislation the European Directive 2015/2436 on trademarks as well as to approximate the Greek national trademark to the system of the EU trademark (Regulation 2017/1001).

More particularly, it provides the possibility to register new, non-traditional forms of trademarks, without requiring necessarily a written representation. As such, it is provided that the national trademark may consist of any marks, especially words, designs, letters, numerals, colors the shape of the product or its packaging, or a sound,  under the condition that these marks: a) distinguish the products or services of a business from those of another business and b) may be represented at the register, in a manner which allows the competent authorities and the public to determine clearly and accurately the object of the protection provided to its beneficiary.

The new law provides specific requirements on how must be represented word marks, figurative marks, 3d marks, position marks, pattern marks, colour marks (single colour or colour combination marks), sound marks, motion marks, multimedia marks and  hologram marks, the list however not being limitative.

According to the explanatory note of the new law on trademarks, the new law introduces new mechanisms which aim to reinforce competition and avoid the registration and monopolization of a mark that all competitors need to use.

Among other things, the law introduces the objection based on the use of the mark, incorporates the European Directive 2004/48, introduces the possibility to invoke during civil court proceedings an objection based on the proof of use of the mark, regulates the jurisdiction of administrative and civil courts over trademark cases, introduces provisions on intervening rights, introduces provisions on certification marks (guarantee marks), and amends the official fees  payable on matters concerning trademarks.

 

For more information please do not hesitate to contact us.

 

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*This publication is intended only to provide general information and does not constitute personal advice. We do not accept or assume any responsibility towards readers of the present document for any loss resulting from acting on the basis of this publication.