Region: Greece

Device held to be dominant feature of figurative mark

The Athens Administrative Court of Appeal has upheld a decision of the Administrative Trademark Committee finding that there was no likelihood of confusion between figurative trademarks containing the word elements ‘izi’ and ‘izzy’. Among other things, the court held that the dominant element of the ‘izi’ mark was its device, which created a totally different impression than that given by the devices of the earlier ‘izzy’ marks.

12 April 2013

adidas obtains broad temporary disclosure order in trademark infringement dispute

Following the seizure of a significant number of shoes bearing imitations of adidas’ marks, the First Instance Civil Court of Athens has issued a temporary disclosure order directing, among other things, that the wholesaler notify adidas of the names and addresses of all manufacturers, suppliers, distributors, wholesalers and retailers of the shoes. This is one of the broadest disclosure orders ever issued by a Greek court in a trademark infringement case.

18 February 2013

Trademark's reputation may not need to be substantiated by concrete evidence

In a case involving an application for the registration of INO KARELIA, the Supreme Administrative Court has held that the Administrative Court of Appeals had not erred in finding that the series of earlier KARELIA trademarks enjoyed a reputation in Greece based merely on the judges’ own perceptions and knowledge of the widespread and long-standing use of the marks in association with Class 34 goods.

20 November 2012

Significant amount of moral damages awarded in trademark infringement dispute

In the long-running dispute between sportswear manufacturer Champion and a Greek chain of retail stores over the latter’s use of the word ‘champion’ on children’s clothing, the Multi-member First Instance Civil Court of Athens has awarded approximately €58,000 in moral damages to Champion for infringement of its CHAMPION marks. This is one of the highest amounts of moral damages ever awarded in a trademark infringement case in Greece.

24 September 2012

English word held not to have become common in everyday language

The Athens Three-Member Administrative Court of First Instance has reversed a decision of the Administrative Trademark Committee in which the latter had refused the register the international word mark PROGRAM for goods in Class 9 on the grounds that it lacked distinctive character. The court found that the English word ‘program’ had not become common in the everyday language or in the course of trade to distinguish the goods at issue.

04 September 2012

Long-awaited new Trademark Law is enacted

The new Trademark Law, which implements the basic provisions of the IP Rights Enforcement Directive and aims to modernise trademark registration in Greece, has been enacted. Among other things, the new law provide that the filing of new trademark applications with the Trademarks Registry should be fully computerised.

12 April 2012

Trademark Office launches fresh efforts to create electronic database

Having been criticised in the past for not having a fully operational electronic database for Greek trademark applications and registrations, the Trademark Office has issued Decision K4-1209, which concerns the electronic filing of trademark applications.

22 March 2012

Court orders freezing of all of infringer’s assets

The Athens Court of First Instance has granted a petition seeking a temporary restraining order and additional precautionary measures against a Greek company and its sole shareholder/executive manager which manufactured and traded in toys bearing imitations of trademarks owned by Disney. Interestingly, the court ordered that all assets of the infringer company, including its real estate, be frozen until the hearing of the preliminary injunction action.

08 February 2012

Consent award highlights strength of ADR in current economic climate

The Athens Administrative Court of First Instance has issued a consent award in a five-year-old opposition proceeding involving the Greek trademark CHEESE TWISTER. The issuance of the consent award shows that the country’s current economic climate favours alternative dispute resolution procedures.

19 January 2012

Court offers valuable guidance on enforcement of marks with a reputation

The Athens Multi-member Court of First Instance has upheld a civil action by Papadopoulos Biscuits and Food Industry, the owner of a 3D mark representing cylindrical-shaped gaufrettes, seeking a permanent injunction against a Greek entity manufacturing cylindrical-shaped gaufrettes. In doing so, the court defined for the first time the concept of ‘taking unfair advantage of the distinctive character or repute’ of an earlier mark.

23 November 2011

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