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

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

As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Former Hoyng Rokh partner Simon Dack takes a leading PMAC role as busy firms continue to jostle for position
Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
Gift this article