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 2026

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

While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Gift this article