The new law on trademarks L. 4679/2020 is published

The provisions of law 4679/2020 (Government Gazette A’ 71/20-3-2020) aim to incorporate the provisions of Directive (EU) 2015/2436 on trade marks, as well as to approximate national trade marks to the European Union trade mark system. Its adoption aims at reformulating the legal context of trade marks in Greece and abolishes most of the relevant provisions of L. 4072/2012.

The main modifications introduced are as follows:

Elements of a trade mark

• The new law provides for the possibility to register new, non-traditional forms of trade marks, such as words, personal names, or designs, letters, numerals, colors, the shape of goods or of the packaging of goods, or sounds, including patterns or three-dimensional shapes, or motion marks. Along with the abolition of the prerequisite of graphic representation as a part of the trade mark, it is provided that in order for a sign to constitute trade mark it should be able to be represented on the register in a clear, precise, self-contained and comprehensible way, so as to determine the subject matter of the protection afforded to its proprietor.
• The representation of the trade mark depends on its type and there should be a specific and precise definition and classification of goods and services that the trade mark is designed to distinguish.
• The new law introduces “Guarantee or certification marks”, i.e. marks that certify the quality and distinguish goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, from goods and services which are not so certified.
• According to the new law, the difference between the guarantee or certification mark and the collective mark is that the latter can be used by members of an association which is the proprietor of the collective mark, while it only indirectly certifies quality. In contrast, the guarantee or certification mark provides
  directly such assurance. In addition, a geographical indication is not allowed to constitute a guarantee or certification mark, whereas it could constitute a collective mark, provided it is not registered as a protected designation of origin or protected geographical indication.

Protection of a trade mark

• The new law abolishes the provision according to which civil courts were bound by the final decisions of the Trade marks Administrative Commission and the administrative courts. From now on, civil courts may adjudicate on the validity of the registered national and European Union trade marks, provided the proprietor of the trade mark is entitled to counterclaim for the declaration of invalidity of the trade mark or revocation.
• The provisions of the new law introduce a different form of administrative protection for earlier trade marks: where, within the context of examining a new trade mark application, the Registry finds a similar or identical earlier trade mark, it does not automatically reject the application. On the contrary, it informs the proprietor of the earlier trade mark of the possibility to file a notice of opposition. Only if such a notice is not filed, should the subsequent application be accepted and filed.
• The new law introduces provisions on the Intervening Rights of the proprietor of a later registered trade mark as a defense in infringement proceedings. In particular, in cases where a proprietor of a trade mark is opposed to the proprietor of a later registered mark, the proprietor of the former should not be entitled to obtain the rejection or the invalidity of the later registered mark, if the latter was registered at a time when the earlier trade mark was likely to be declared invalid or his proprietor be revoked of his rights.
• The new law introduces to civil courts procedure the non-use as a defense in infringement proceedings which is very significant for the protection of
  competition.
• According to the new provisions, there is now the possibility to file a notice of opposition to a trade mark application, based on absolute grounds for refusal that are provided by law. Such Notice is granted to anyone, without the need to prove legitimate interest of the person filing such notice.
• The law provides for the explicit protection of a registered trade mark in case of illegal use through social media.

Fees

• The new provisions provide for an increase in the fees for the filing or renewal of a trade mark application, whereas it introduces reduced fees if the above applications are made electronically.
• On the contrary, the fees for the filing of a modification in the name, registered office, address and legal type of a proprietor are abolished, since the update of the registry is in the public interest and should have no cost.

Other provisions

• The Trade marks Directory and the Trade marks Administrative Commission are reinforced given that the law provides for their staffing with executives of high scientific credentials.
• The new law provides for optional and voluntary arbitration between the involved parties for cases before the Trade marks Administrative Commission.
• The law provides for the maintenance of electronic registry and efforts are made, so that the proprietors can act remotely, through the use of electronic means.
• The deadlines to bring an action are modified and are extended for foreign residents.
• The law also introduces provisions for the protection of Personal data that are filled with the Directory of Trade mark, as well as provisions for archiving and
  retaining files issues.
• The law maintains the provisions for the Μark for Greek Goods and Services, which constitutes a quality indication granted by the Ministry to goods (mainly agricultural) and does not constitute a trade mark.

Entry into force

Taking into consideration that the EU Directive should have been incorporated to national legislation by 14 January 2019, most of the provisions of the law have retroactive effect from that date.