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 2025

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

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

News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Gift this article