New trademark law raises jurisdictional problem

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

New trademark law raises jurisdictional problem

Sponsored by

patrinos-logo.png
Trademark - rubber stamp with binder in the office

One of the most radical changes introduced by the new Greek Trademark Law, effective since March 20 2020, is that the decisions of the Trademarks Administrative Commission handed down in cancellation action proceedings, either on grounds of invalidity or non-use, can be appealed before the specialised IP Single Bench Court of First Instance in Athens. Under the previous law, it was the Administrative Court of First Instance in Athens that ruled on appeal in these cases.

This is certainly good news in several respects, bearing in mind that these appeals are expected to be decided faster and by a specialised IP court. It would be a further step forward, if the Greek legislature decides in the near future the same should apply in relation to appeals filed in the context of opposition proceedings as well.

However, there is nevertheless an issue regarding those cases falling within the period of time that may be characterised as transitional. For example, in cases, where the decision of the Trademarks Administrative Commission was handed down before March 20 2020 and the deadline for filing an appeal lapses at a date after March 20 2020, it is uncertain which court has jurisdiction to rule upon an appeal that may be filed against the decision.

The new Greek Trademark Law is unfortunately not clear on that. In legal theory, there might be a view that the IP Single Bench Court of First Instance in Athens has jurisdiction to rule upon all appeals that were filed on/after March 20 2020. Another point of view is that the decisive point should not be the date of the appeal's filing but the date when the cancellation action concerned was filed instead.

This is a matter that will be tackled in the near future, as both the above-mentioned courts of law will inevitably be called on to deal with this unnecessarily tricky question.

more from across site and SHARED ros bottom lb

More from across our site

We preview Managing IP’s ‘IP Ones to Watch’ list, meet our newest recruit, and look back over the final law firm rankings release of the year
Michael Conway and Flora Hachemi of Haseltine Lake Kempner consider what brand owners and prospective trademark applicants need to know in the wake of the UKIPO’s SkyKick guidance
Our exclusive survey reveals German firms are failing to manage costs and develop young talent, but some counsel believe this is happening behind the scenes
Ulla Loreth, IP counsel at Puma in Germany, says logistics intermediaries can no longer turn a blind eye after ‘game-changing’ judgment in the fight against counterfeits
Ahmed Hankawi joins us for our ‘Five minutes with’ series to discuss his approach to cases, and why he admires lawyers who help develop the next generation
Mercedes Bullrich looks back on her career and explains how a life shaped by fresh starts will help her develop a new firm
AI
Leaders at four firms share their hiring approach, including whether AI knowledge is a must-have for new staff
McKool Smith and Licks Attorneys are acting in the dispute, which alleges infringement of patents covering video-related technologies
Legacy firm Allen & Overy agreed a high-profile tie-up with US firm Shearman & Sterling in May last year
News of Verizon settling its lawsuit with Headwater Research and a copyright setback for AI firm Perplexity at a New York court were also among the top talking points
Gift this article