Region: Greece

Mark descriptive in English held to have no meaning for Greek consumers

The Athens Administrative Court of First Instance has reversed a decision of the Administrative Trademark Committee in which the latter had rejected an application for the registration of EASICATH for catheters on the grounds that it was descriptive. The committee had found that the mark referred directly to the words 'easy' and 'catheter', but the court concluded that it did not have any particular meaning for Greek consumers.

28 October 2011

'Polo' mark accepted for registration as variant of prior marks

The Greek Supreme Court has annulled a decision of the Court of Appeal, finding that a variant of prior trademarks could overcome an opposition based on third-party trademarks. Among other things, the court held that, since the applicant's rights in POLO predated the opponent’s marks, the mark applied for should be treated as a ‘continuation’ of the applicant’s series of POLO marks.

27 September 2011

Google obtains cancellation of domain name containing its trademark

The Athens Administrative Court of Appeal has reversed a decision of the Hellenic Telecommunications and Post Commission in which the latter had rejected a petition filed by Google Inc for the cancellation of the domain name 'googlein.gr'. Among other things, the commission had found that Google had not shown how the use of the domain name created a risk of confusion among internet users.

22 September 2011

Court allows registration of famous painter’s name

The Athens Three-Member Administrative Court of First Instance has reversed a decision of the Administrative Trademark Committee in which the latter had refused to register the mark EL GRECO for various goods in Classes 4, 6 and 11 on the grounds that it was the name under which the famous painter Domenico Theotokopoulos had became widely known.

27 June 2011

Nokia blocks importation of genuine products in counterfeit packaging

The Athens Court of First Instance has granted Nokia Corporation's request for a permanent injunction preventing a Greek-based company from importing genuine Nokia mobile accessories in counterfeit Nokia packaging. Among other things, the court held the packaging at issue was a counterfeit product within the meaning of the EU Customs Regulation.

28 April 2011

Hotel chain successfully enjoins use of its mark for clothing

The Court of Appeal of Thessaloniki has granted a request for a permanent injunction by Marriott Worldwide Corporation, the well-known hotel operator, preventing Greek company Marriot Ltd from using the MARRIOTT mark in association with clothing. Among other things, the court held that there was a risk of dilution of Marriott Worldwide's trademarks in the Greek marketplace.

21 February 2011

Fame of Dettol logo recognised in implicit comparative advertising case

In a dispute between Reckitt Benckiser and Colgate Palmolive, the Council for the Regulation of Communications has acknowledged the reputation of the Dettol logo, which was included in a covert manner in a comparative advertisement. The council found that, by using the distinguishing features of the Dettol logo, Colgate Palmolive clearly sought to refer to the Dettol product without naming it.

21 January 2011

Domain name decision improves online protection of IP rights

Bacardi, the owner of the MARTINI marks, has obtained three rulings in its favour with regard to the domain names 'mrtmartini.gr', 'martinicasual.gr' and 'martini.com.gr'. The National Telecommunications and Post Committee found that the domain names had been registered and were being used in bad faith, despite the existence of a settlement agreement allowing the registration of 'mrtmartini.gr'.

10 December 2010

Addition of common word insufficient to differentiate marks

The Administrative Court of Appeal of Athens has reversed a first instance decision finding that there was no likelihood of confusion between the mark SPORT ARENA and the earlier mark ARENA, and that SPORT ARENA did not infringe Arena Distribution SA's company name. Among other things, the Court of Appeal held that the word 'sport' in the SPORT ARENA mark was not capable of differentiating it from the other mark.

07 December 2010

GUINNESS recognised as well-known trademark

The Administrative Court of Appeal of Athens has upheld Diageo’s opposition to the registration of the trademark GENUSS, ruling that there was a risk of association with the well-known trademark GUINNESS. The court reversed well-established jurisprudence under which the application of the Trademarks Act's dilution provisions was conditional on a finding of consumer confusion.

02 December 2010

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