Manolis Metaxakis of Patrinos & Kilimiris reports on a notable judgment in the Zara trademark dispute, highlighting a radical provision in the relevant Greek legislation and the ruling’s alignment with EU case law
Manolis Metaxakis of Patrinos & Kilimiris says the Law on Trademarks now in force is a radical and healthy development, but uncertainty remains for trademark owners and legal practitioners regarding transitional issues
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.
During the COVID-19 pandemic, IP practitioners in Greece welcomed the new law on trademarks, under which Directive (EU) 2015/2436 was transposed into national law. There was no reason for any caution in this respect, since the implementation had been awaited since January 12 2019, which was the deadline for Greece to transpose the directive.
Although there are several and severe restrictions due to COVID-19 in Greece, which inevitably affect trademark practice in relation to both prosecution and litigation, there is some good news in the field. The new law on trademarks has come into force, implementing Directive (EU) 2015/2436.
