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Protecting a trade mark

Greek Legislation relating to Trademarks | Protection in Greece | Designs and Prototype Models | Useful Addresses

Greek Legislation Relating to Trademarks

As a member of the EU, Greece has harmonized its national laws relating to trademarks. Thus, registration of a trademark for the entire EU, guarantees its protection by the greek legislation as well as of the 14 other member-states. However registration of a trademark for Greece only, ensures its protection only in those countries who have signed relevant international treaties (concerning trademarks) alongside Greece. Registration of trademarks in Greece is performed through the Direct. of Commercial and Industrial Property / (under the General Secretariat of Commerce - Ministry of Development).

Applications for EU trademarks are submitted (in the greek language) through the greek Dpt. of Trademark Registration and addressed to the Office of Harmonisation in the Domestic Market (Alicante, Spain).
A national trademark can be converted to an EU one, pending satisfaction of specific provisions and criteria.

What is a Trademark ?

In general, trademark is considered to be any sign, symbol, graphic representation, name or pseudoname, depiction, letter, number, emblem, sound (including musical phrases), shape of product or shape of product's packaging which is freely represented and which is used in order to distinguish between characteristics such as quality, manufacture, origin of goods, products or services. It is used in order to facilitate the distinction between products of individual producers or manufacturers and protect the public from unfair competition. The trademark, following lawful registration, is considered to be a permanent and exclusive asset of the (natural or legal) person under whose name it is registered. Newspaper and magazine titles are considered trademarks as well.

For the general public, many trademarks are so closely linked with the type of product as to name this type after themselves (e.g. Nescafe, Aspirin, Jeep, Thermos, Sherry).

Protection in Greece

Registered trademarks can not be national flags, emblems, symbols (heraldic or otherwise), and signs of great symbolic importance, especially religious symbols, depictions and words. Additionally, signs that generally present no distinctive capability between products or can be misleading for the public, especially towards the nature, quality or origin, of the product or service. Before registration, the Trademark must be subjected to a research into precedence in order to avoid any possible resemblance with other Trademarks registered with the Dpt. of Trademark Registration or the Office of Harmonisation in the Domestic Market.

* Greece has signed on August 10^th, 2000 the protocol of Madrid (1989) relating to the Madrid Agreement

Designs and Prototype Models

Protection of designs and models is applied to all the objects which are distinguished by their shape / form, their configuration or an external effect thus conferring on them their own physical appearance. The aesthetics of a product is a criterion for purchase by the consumers. Hence, the external appearance is often a tendency to evoke the curiosity and attract the clients. Perfume bottles represent a revealing example of this phenomenon.

In Greece, the Industrial Property Organisation (O.B.I.) protects the industrial designs and models, conferring the respective protection certificate, and mediates as a Receiving Office for the protection of patents and industrial designs on an international basis. A design or model is granted legal protection upon registration before the Industrial Property Organisation, if the said design or model is new and of individual character. This means that no other identical design or model should have been made available to the public before its registration date, while at the same time it should also create a unique impression against any other design or model. The owner of a design or model is thereafter granted the exclusive right to make full use of it (i.e. to manufacture it, put it on the market, buy or sell it), thereby excluding any third party from relevant rights without his/her prior consent. Protection conferred upon a patent or invention is 20 years – for design of the external of the product protection is for 5 years and can be extended up to 25 years (renewable every 5 years).

Useful Addresses

OMPI / WOIP World Organisation of Intellectual Property
34 chemin des Colombettes - 1211 Genève 20 - Suisse -
Tél : + 41 22 73 09 111 - Fax : + 41 2273 35 428

OEB/ EOP European Office of Patents
Erhardtstrasse 27 - D-80298 München -
Tél : + 49 8923990 - Fax : + 49 8923996522

Office of Harmonisation of Domestic Market (OHDM)
20 Avenida de Aguilera - E-03080 Alicante -
Tél : + 34 6 5139153 - Fax : + 34 6 5139159

Industrial Property Organisation (O.B.I.)
5 Pandanassis Str. 15125 Paradissos Amaroussiou, Greece -
Tel: (+301)6828231 - Fax: (+301)6819231

Ministry of Development/General Secretariat of Trade/Div. Of Interior Trade/Direct. of Commercial and Industrial Property
Caniggos Sq., Athens
Tel. : +30 010 3808068 Ext. 339