Greece has a well-structured trademark system that aligns with European Union (EU) directives and international agreements. Trademark protection plays a crucial role in the country’s business landscape, ensuring brand identity security for both domestic and international companies. Over the years, Greece has revised its trademark laws to comply with EU regulations, strengthening intellectual property rights and improving enforcement mechanisms. This article explores the Greece trademark law, the procedures for registration, enforcement measures, and the impact of Greek trademark laws on international trademarks.
Greek Trademark Law and Legal Framework
The Greece trademark law is governed primarily by Law 4679/2020, which incorporates Directive (EU) 2015/2436 and Directive 2004/48/EC on the enforcement of intellectual property rights. The law provides a harmonized legal structure that aligns with the EU Intellectual Property Office (EUIPO) regulations, ensuring consistency in trademark protection across EU member states.
Apart from national legislation, Greece adheres to international agreements such as:
- The Paris Convention for the Protection of Industrial Property
- The Madrid Protocol for International Trademark Registration
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- The Nice Agreement on Classification of Goods and Services.
The Hellenic Industrial Property Organization (OBI) is responsible for overseeing trademark registrations and enforcing intellectual property rights in Greece.
Trademark Registration in Greece
Application Process
To register a trademark in Greece, applicants must file a request with the OBI, including:
- A clear representation of the mark.
- A list of goods and services classified under the Nice Classification.
- The applicant’s details (individual or legal entity).
- Proof of payment for the application fees.
The application undergoes an examination for compliance with absolute and relative grounds for refusal. Absolute grounds include a lack of distinctiveness or misleading elements, while relative grounds concern conflicts with pre-existing trademarks.
Opposition and Examination
Once a trademark application is published, third parties can file oppositions within three months based on:
- Prior trademark rights.
- Likelihood of confusion with an existing mark.
- Protection of well-known trademarks.
If no opposition is filed, the application proceeds to registration and protection for 10 years, with the possibility of renewal.
Enforcement and Trademark Protection
Civil and Administrative Enforcement
Greek courts play a vital role in enforcing trademark rights. Under Law 4679/2020, national civil courts now have jurisdiction to invalidate trademarks in infringement cases. Defendants can challenge the validity of a trademark through:
- Counterclaims for revocation or invalidity.
- Objection based on non-use of the trademark.
The Greek Trademark Office (GTMO) facilitates the resolution of disputes through the Administrative Trademark Committee, which reviews opposition claims and invalidity requests.
Trademark Infringement and Legal Remedies
Trademark owners can enforce their rights through:
- Cease-and-desist orders against infringing parties.
- Injunctions to prevent continued trademark use.
- Seizure and destruction of counterfeit goods.
- Monetary damages, but only in cases of gross negligence or willful misconduct.
Recent changes in the law allow Greek courts to publish infringement decisions on social media, expanding public awareness of trademark violations.
Impact on International Trademark Protection
The Greek trademark system directly influences international trademark owners seeking protection in Greece. Its integration with EU laws and global treaties ensures compatibility with international standards, yet there are distinct national procedures that foreign businesses must navigate.
Challenges for International Businesses
Despite its harmonization with EU standards, Greece presents several challenges for foreign companies:
- Strict distinctiveness criteria—The GTMO requires trademarks to be uniquely identifiable, often rejecting generic terms.
- Proof of Use Requirements – If a trademark is not used within five years, it may be revoked due to non-use.
- Lengthy Enforcement Proceedings—Legal disputes, especially those involving foreign businesses, may face delays in Greek courts.
Madrid Protocol and EU Trademark Conversion
Foreign businesses benefit from Greece’s participation in the Madrid Protocol, which simplifies international trademark registration. A Greek trademark can also be converted into an EU trademark (EUTM), granting protection across all EU member states. However, businesses must still comply with Greek-specific opposition and enforcement procedures.
Trademark Enforcement and Cross-Border Protection
For international companies, enforcing trademark rights in Greece may involve:
- Filing opposition claims to block conflicting applications.
- Working with Greek customs to prevent counterfeit goods.
- Utilizing EU-wide legal mechanisms, such as the EUTM system, to extend trademark coverage beyond Greece.
Trademark Licensing and International Agreements
Foreign businesses entering Greece often engage in trademark licensing agreements with local partners. Greek law requires all trademark licenses to be formally registered to ensure enforcement rights. Additionally, agreements under TRIPS and the Paris Convention provide international legal remedies for disputes involving Greece trademark law.
Comparison of Greece Trademark Law and International Trademark Laws
The table below highlights key differences between Greek, EU, and international trademark regulations:
| Feature | Greek Trademark Law | EU Trademark Law | International Treaties (TRIPS, Madrid Protocol) |
| Governing Body | Hellenic Industrial Property Organization (OBI) | EUIPO (European Union Intellectual Property Office) | WIPO (World Intellectual Property Organization) |
| Registration Term | 10 years, renewable | 10 years, renewable | Varies by country |
| Opposition Period | 3 months | 3 months | Varies (Madrid: 12–18 months) |
| Distinctiveness Rules | Strict requirements | Standardized EU criteria | Varies by jurisdiction |
| Enforcement Authority | Greek Civil Courts, GTMO | EUIPO, European Courts | National courts, WIPO dispute resolution |
| International Recognition | Madrid Protocol, EU TM conversion | EU-wide protection | Global trademark registration via Madrid |
Conclusion
Greece’s trademark system is closely aligned with European and international standards, making it an important jurisdiction for businesses operating in the region. The Madrid Protocol and EU Trademark System offer streamlined registration for foreign businesses, but challenges such as strict distinctiveness rules, proof of use requirements, and enforcement delays remain key concerns. For companies looking to protect their trademarks in Greece, proactive monitoring and legal compliance are essential to maintaining brand integrity in both national and international markets.
Securing your trademark in Greece and internationally requires expert legal guidance. Stevens Law Group specializes in trademark registration, enforcement, and litigation, ensuring that your brand is fully protected against infringement and unauthorized use.
Whether you’re an international business expanding into the Greek market or a domestic company looking to strengthen your intellectual property rights, our team provides tailored legal solutions to safeguard your trademarks.
Contact Stevens Law Group today to discuss your trademark strategy and ensure maximum protection for your brand. Let’s protect what’s yours.
FAQs
1. How long does the trademark registration process take in Greece?
If there are no oppositions, registration typically takes 6 to 8 months. If an opposition is filed, the process can extend to 15–18 months.
2. Can international companies register trademarks in Greece?
Yes. International companies can register trademarks directly through the Hellenic Industrial Property Organization (OBI) or use the Madrid Protocol to obtain protection.
3. What happens if a trademark is not used in Greece?
If a trademark is not genuinely used within five years of registration, it may be subject to revocation due to non-use.
4. Does Greece protect trademarks for goods in transit?
Trademark protection for goods in transit is now limited to non-EU originating products, meaning counterfeit goods from within the EU can still pass through Greek territory.
5. How does Greek trademark law compare to EU trademark law?
Greece trademark law follows EU directives, but enforces stricter distinctiveness rules, requires proof of use, and grants civil courts more authority over invalidity claims.
References:
Greece: Trademark procedures and strategies
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