Under the provisions of previous Greek Trade Mark Law No
2239/1994, the recordal of a licence agreement with the Trade
Marks Registry was compulsory and a decision of the Trade Marks
Administrative Commission on the acceptance of such an
agreement was required.
According to the provisions of the New Greek Trade Mark Law
regarding licence agreements which came into force in April
2012, such an examination and approval of licence agreements is
no longer required and licences can now be recorded upon a
petition of either the licensor or the licensee. In particular
the relevant provisions of the Law provide that "the licence
agreement must be in writing. Either the applicant, by its
declaration, or the licensee, by applicant's authorisation,
request the recordal of the licenve with the trade mark
The interpretation of the new provisions of the law is
uncertain however as to whether such a recording simply
provides notice to third parties of the existence of a licence
agreement, or that in order for a license to be effective
against third parties, the licence agreement should be recorded
with the Trade Marks Registry.
In a recent decision of the Trade Marks Administrative
Commission which ruled on opposition procedures, the opponent
claimed prior trade mark rights based on a licence agreement
granted to him.The Commission however ruled that those prior
rights could not be taken into consideration because the
licence agreement between the parties was never recorded with
the Trade Marks Registry.
The Trade Marks Administrative Commission based its decision
on the provisions of the New Greek Trade Mark Law which provide
that "either the applicant, by its declaration, or the
licensee, by applicant's authorisation, request the recordal of
the licence with the trade mark registry".
It therefore appears that although the procedure for
recording a licence agreement has indeed been simplified, the
recordal of the agreement is still compulsory in order to have
effect towards third parties.
Patrinos & Kilimiris
7, Hatziyianni Mexi Str.
Tel: +30210 7222906, 7222050
Fax: +30210 7222889