Greece: Clarity on colour combinations

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Greece: Clarity on colour combinations

It is quite encouraging for law practitioners in Greece that Greek IP specialised courts have managed to align national case law with EU case law on trademarks during the last decade, providing a tool for legal certainty.

A couple of years ago, the IP Specialised Division of the Court of Appeals in Athens delivered judgment No. 1702/2016 on a trademark infringement case where a colour combination was involved. It was held that the word marks under comparison were not confusingly similar. It was further ruled that the accompanying colour combination was not decisive, since the colour combination concerned was found to be descriptive of the relevant goods (over-the-counter pharmaceuticals).

Recently, the General Court was of the same view (T-261/17), when it ruled on a comparison between the same signs applying the same EU case law principle, according to which the public will not consider a descriptive element of a composite mark to be the distinctive and dominant element in the overall impression conveyed by that mark.

This provided a clear – though apparently not complete – answer to the claimant's/opponent's main argument that the figurative elements in the mark applied-for, particularly the combination and configuration of the colours green and white, have an independent distinctive character even if the word element is considered dominant.

It seems that while the competent authorities in each instance (EU and national) regarded the colour combination to be the earlier mark's colour configuration as well, the applicant argued that it used a colour combination in a specific configuration. Thus, what seems to be left unanswered is whether a prima facie descriptive colour combination may have distinctiveness, in cases where the specific colour configuration is not descriptive in and of itself.

The question becomes more intriguing, considering that the specific colour configuration has been registered as a trademark, the validity of which is not questioned.

metaxakis-manolis.jpg

Manolis Metaxakis


Patrinos & Kilimiris7, Hatziyianni Mexi Str.GR-11528 AthensGreeceTel: +30210 7222906, 7222050Fax: +30210 7222889info@patrinoskilimiris.comwww.patrinoskilimiris.com

more from across site and SHARED ros bottom lb

More from across our site

On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
Gift this article