Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Greece: Risks arising from late trademark renewal under the new law

Sponsored by

patrinos-logo.png
Planning, risk and strategy in business

The newly-born Greek law on trademarks implementing Directive (EU) 2015/2436 has an attention-worthy provision, relating to the renewal of trademarks within their grace period. More specifically, the new Greek law on trademarks provides that the payment of the renewal fee can be made within the last six months of the protection’s term. It can also be made within an additional term of six months following the expiry of the formal protection’s term, subject to the payment of the renewal fee increased by 50% and without negating third parties’ rights acquired in the meantime.

What does a “right” mean in this regard?

If one is to assume that said legal provision refers to a subsequent trademark registration obtained by a third party within the earlier trademark’s grace period and before the earlier trademark’s late renewal, it is then clear that we have to deal with an intervening right, in addition to the ones already provided for in the Directive (EU) 2015/2436.

Furthermore, if one is to assume that the legal provision also refers to what is known under Greek law as “a right conferring prospective entitlement", it has to then be accepted that if a third party files a trademark application within the earlier trademark’s grace period, before said trademark is renewed (late), said subsequent trademark application may not successfully be opposed at a later stage.

Such an interpretation seems to penalise late renewal of a trademark by allowing the registration of a confusingly similar or identical trademark filed before the original trademark was renewed in the grace period, without the possibility of opposing such new application.

The above-mentioned parameters raise serious issues regarding the compatibility of the specific provision of the Greek law, not only with the Directive (EU) 2015/2436 but also with the Paris Convention that has been an integral part of the Greek regime on trademarks since 1975.

It is therefore interesting to see how the Greek Trademark Office and the Greek courts will interpret the specific legal provision.

Georgios Panagopoulos

more from across site and ros bottom lb

More from across our site

The IPO must change its approach and communicate with IP owners about its attempts at clearing up the trademark register
Counsel are looking at enforceability, business needs and cost savings when filing for patents overseas
James Perkins, member at Cole Schotz in Texas, reveals how smaller tech companies can protect themselves when dealing with larger players
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The EUIPO management board must provide the Council of the EU with a performance assessment before it can remove the executive director
The European Commission confirmed that plans for a unitary SPC will be published in April alongside reforms to the SEP system
The court held that SEP implementers could be injuncted or directed to pay royalties before trial if they are deemed to be unwilling licensees
Patentees should feel cautious optimism over the EPO Enlarged Board of Appeal’s decision in G2/21, say European patent attorneys
Significant changes to the standard of law are unlikely, say sources, who note that some justices seemed sceptical that the parties disagreed on the legal standard
Sources say the High Court of Australia’s ruling that reputation is immaterial in trademark infringement cases could stop famous brands from muscling out smaller players