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

Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Gift this article