The legal basis of national Greek trademark law results from Art. 121 to 183 of Law N. 4072/2012, which replaced the older Law No. 2239/1994. According to this, the exclusive right of use of a national trademark is granted only after corresponding registration.
Words, names, illustrations, designs, letters, numbers, sounds, as well as the specific shape of a product or its packaging can constitute a “trademark”. Articles 123 and 1244 of N. 4072/2012 establish when a trademark may not be registered. In practice, applications for trademarks are frequently rejected whose signs in free trade exclusively indicate the type, quality, properties, quantity, place of origin, value, or the time of production of the product or service (or other properties of the product or service).
For the application of a national trademark, the interested party must first file an application with the Trademark Register at the Ministry of Development. The application is submitted in written as well as electronic version and contains, inter alia, the appointment of an authorized attorney and process agent.
The Administrative Committee then decides on the approval or rejection of the application. If a trademark is successfully registered, it is considered protected for ten years. The term begins on the day of the application. The legal owner of the trademark and thus the holder of the protected trademark right can extend the legal protection by a further ten years upon application.
If another person claims to have already acquired the rights to a trademark, or that the trademark as such should not be registered, or if there is a general legal interest in protection in favor of third parties, the legal remedy of third-party opposition against the approving decision exists. Should a third party learn of the application for registration of a trademark and wish to raise objections before it has been approved, he may apply to the Administrative Committee for the rejection of the application or prevent its acceptance.
When using a trademark right, good morals must generally be observed. Important limitations regarding the legal protection of a trademark are also provided by law (Art. 126 N. 4072/2012). Among other things, the designation of a trademark may not lead to the restriction of existing rights of third parties, such as the restriction of the use of one’s own name, business designation, address, indications of quality and origin, etc., insofar as these details and indications are necessary to indicate the origin of the product (or a service).
Terms of general usage are generally not subject to individual trademark protection. If a registered trademark is unlawfully used, counterfeited or imitated by a third party, the right holder has the possibility to file an action for an injunction with the competent Regional Court. Likewise, the right holder can obtain preliminary legal protection through interim measures, provided there is urgency.
(Status: May 2010. All information is provided subject to change and without guarantee.)