Trademark Registration

Trademark

A trademark is any point that distinguishes the products or services of a company from those of other companies, ensuring on the one hand the recognition of the company to the general public and, on the other hand, its differentiation from its competitors.

Every business must proceed to register its trademark as in this way the right to its exclusive use is granted, i.e. it is granted an absolute right to inscribe it on its products and in every printed material and electronic media as well as to characterize the services provided by prohibiting, at the same time, the use of said trademark for the same products or services by any third party.

This protection can be granted either at the national level (national mark), or at the European (European mark) or at the international level (international mark) depending on the local field of activity of the business.

National Trademark

The national trademark is defined as the right granted by the Directorate of Trademarks or the Administrative Courts, in accordance with Law 4679/2020, regulated by it and producing results in the Greek Territory.

What can be considered as a trademark:

The national mark may consist of any signs, in particular of words, including the name of persons, or of designs, letters, numbers, colors, the shape of the product or the packaging of the product, or of sounds, provided that these signs :

They are able to distinguish the products or services of one company from the products or services of other companies and
They can be represented in the register, in a way that allows the competent authorities and the public to clearly and accurately determine the object of the protection provided to its beneficiary.

Time point of acquisition of right to a trademark:

The right to the trademark according to article 3 of Law 4679/2020 is acquired by its registration in the register. The registration is defined as the definitive registration of the declaration of trademark filing in the Trademark Registry after the examination of the formal and substantive conditions set by Law 4679/2020 which gives rise to the right to the national trademark.

Trademark registration process:

For the registration of the trademark, a standard procedure is followed which includes the following stages:

Definition of class or classes to which the trademark to be registered belongs based on the list of products and/or services it will cover. Classes are product or service categories into which trademarks are classified and are divided internationally into 45 classes, trade classes. Checking the availability of a trademark, i.e. checking whether a similar earlier mark is used by other companies for the same goods or services.
Checking the availability of a trademark, i.e. checking whether a similar earlier mark is used by other companies for the same goods or services.
Submission of a declaration of trademark filing to the Directorate of Trademarks of the Ministry of Development and Investments by the interested party, which declaration receives a number, date and time of filing, is entered in the trademark register and its details are posted in common or linked databases and online portals about trademarks provided for by the Greek or European Union law.
Check as to the completeness of the content of the filing statement,the representation of the mark, the description of the products and services, the fees and any other information or documents, for earlier marks and examination for any presence of absolute grounds for inadmissibility within the meaning of the article 4 of Law 4679/2020.
Acceptance of a declaration of trademark filing by an Examiner and publication of his decision accepting the declaration of trademark filing by posting it on the website of the Ministry of Development and Investments, in order to inform any third parties who would like to exercise objections in accordance with article 25 of n 4679/2020.
Registration of a trademark in the trademark register if no objections are filed or if they are rejected by a decision of the Administrative Committee of Trademarks for which the deadline for appeal to the Administrative Court of First Instance has expired or if they are rejected by a decision of the Administrative Courts that is or has become final.

Trademark categories:

The types of marks that can be registered are divided into the following categories:

a) word mark: consists exclusively of words, letters, numbers, other common typographical characters or a combination of the above, the mark is represented by a standardized font and layout, without any graphic feature or color,

b) pictorial mark: consists of non-standard characters, , stylistic illustration or layout, or some graphic feature or color or exclusively of pictorial elements,

c) three-dimensional shape mark: consists of or includes a three-dimensional shape, including containers, packaging and the product itself or their appearance;

d) position mark: consists of the specific way of placing or attaching the mark to the product,

e) pattern trademark: consists exclusively of a set of elements which are repeated in a regular manner

f) in the case of a color-consisted mark: (aa) a single color without borders, (bb) a combination of colors without borders

g) sound signal: consists exclusively of a sound or a combination of sounds,

h) movement sign: consists of or includes a movement or change in the position of the elements of the sign,

i) audio-visual signal: consists of or includes a combination of image and sound,

j) holographic mark: consists of elements with holographic characteristics.

Trademark of the European Union

The European Union trade mark provides the trade mark holder with an application protection throughout the European Union, through the European Union Intellectual Property Office (EUIPO). The difference with the national mark lies only in the local extent of protection as with the European mark the company will be able to operate not only in Greece but also in the wider area of the European Union

This right, granted by the European Union Intellectual Property Office (EUIPO) in accordance with Regulation 2017/1001/EU, is regulated by it and produces effects throughout the European Union, having a uniform character in all member states.

International Trademark

Law 4679/2020 applies, unless otherwise specified, to international registration applications which have been filed in accordance with the Madrid Protocol (1989) which came into force in Greece on 10/8/2000 and are based on a declaration of national trademark filing or in a registered national trademark or in the registration of trademarks in the International Register maintained by the International Office of the World Intellectual Property Organization (WIPO), the protection of which has been extended to the Greek Territory.

For the filing of an international application in the International Register, in accordance with Article 3 of the Madrid Protocol, based on a declaration of filing of a national mark or a registered national mark, the following conditions must be met:

a) the depositor has a real and permanent industrial or commercial establishment or residence in Greece or has Greek citizenship

b) the applicant has filed a national trademark declaration or has a registered national trademark in Greece.

The filing of an international trademark in question does not imply its rightful protection worldwide but only at the national level of each third country that is a member of the Madrid Treaty.

The law office of Eleftheria Andrianopoulou handles trademark registration directly at the national, community or international level and fully secures your business against any malicious and competitive behavior.

Quick Response Service

Within 24 hours of contacting us, attorney Ms. Andrianopoulou Eleftheria will contact you to obtain a brief history of your case and schedule a meeting with you either in person or via video call.