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

Cookies Settings

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

From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflect the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
The managing partner gave up an equity partnership track in New York to build a practice in India. More than a decade later, she discusses entrepreneurship, leadership, and why women should not wait before taking the next step
Gift this article