In Greece, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Hellenic Industrial Property Organization (OBI).
Greece is also a member of the European Union, therefore European Union Trademarks (EUTM) are protected in this jurisdiction. It is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.
It is not necessary for a trademark to be in use in Greece in order for it to register. However, prior use may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness, by proving that the trademark has acquired distinctiveness. Such use must be extensive in order to demonstrate acquired distinctiveness.
If you register a combined trademark (which includes both word elements and figurative elements) in Greece, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Trademark opposition actions may be filed by third parties during a period of three months following the publication of the acceptance of the trademark application on the official website of the General Secretariat of Commerce. The probabilities of success for an opposition will vary in each case depending on the circumstances.
Although a trademark does not have to be in use in order for it to register, it must not go unused for periods of five years or it will become vulnerable to cancellation actions based on lack of use of the trademark. Genuine use of the trademark is necessary to avoid such vulnerability.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Greece (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
Registered trademarks in Greece have a validity of ten (10) years from the registration date and can be renewed indefinitely for further periods of ten (10) years. The trademark renewal can be requested as early as twelve (12) months before the expiration date. It can also be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.