Side effects of an effective trademark treatment in Greece

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

Side effects of an effective trademark treatment in Greece

Sponsored by

patrinos-logo.png
greece-5944176.jpg

Manolis Metaxakis of Patrinos & Kilimiris says the Law on Trademarks now in force is a radical and healthy development, but uncertainty remains for trademark owners and legal practitioners regarding transitional issues

The new Law on Trademarks enacted in Greece (Law No 4679/2020) is not regarded as a mere implementation of Directive (EU) 2015/2436. In fact, it is a radical legal tool because all invalidity actions of all types – that is, all requests of invalidity/revocation and counter-actions of invalidity/cancellation – are initially, or on appeal, to be decided before the civil courts. According to the law previously applicable, all requests of invalidity/revocation were cases for the administrative courts to decide.

This is a shift towards a promising direction, taking into account that there are specialised panels in the Greek civil courts that maintain exclusive jurisdiction to decide on trademark cases, unlike the divisions of the administrative courts that were competent to hear the same types of cases under the Greek law previously applicable.

However, it is commonly accepted that no one is perfect, and nor is the Greek Law on Trademarks that is now in force. In particular, an issue has arisen as to the proper court to decide on appeals against decisions delivered by the Trademarks Administrative Commission on invalidity/revocation requests that were filed before the new law came into effect.

The transitional rules of the new Law on Trademarks provides that said cases shall be decided according to the law previously applicable. In this regard, there are two theories:

  • This type of case must be decided on the substantive provisions of the law previously applicable but under an appeal that must be filed before the civil courts, as provided by the present law; and

  • This type of case must be decided according to the law previously applicable in all respects; i.e., as regards the substance, as well as the competence, of the relevant court, meaning the administrative court.

The specialised IP court in Athens (a civil court) delivered a judgment on this issue in June 2023, under which the latter view was accepted. In particular, it was held that the civil courts have no jurisdiction to rule on appeal invalidity/revocation requests filed and decided by the Trademarks Administrative Commission before the enactment of the Law on Trademarks that is currently applicable.

This newborn issue is far from being regarded as resolved and much uncertainty is still present, which is not good news for trademark owners and legal practitioners.

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