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

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

Head of IP, Andrew Brennan, and new partner, France Delord, explain how tech provides an edge in the battle for global brand owners’ business
Anton Hopen, shareholder at Trenam Law, shares how counsel should construct Section 101 claims as early 2026 PTAB data shows reversals rising in technical cases
Law firms should consider how they can help clients, as report calls on EU to use IP-backed financing to increase bloc’s competitiveness and attractiveness for businesses
In the final part of a series on challenging patent invalidation decisions in China, lawyers at Spruson & Ferguson and Marshall Gerstein share how courts adjudicate appeals
Stijn Debaene and Carina Gommers want Brussels-based Cast Law to be the place 'everybody wants to work'
The combination between Ashurst and Perkins Coie, which will create a $2.8 billion law firm, is expected to close in Q3
While Sipara will continue operating under its existing name and leadership for now, both firms plan to present a united front at the INTA Annual Meeting in London
Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
A development concerning Stephen Thaler’s AI copyright application in India and an integration between IPH group firms were also among the top talking points
Gift this article