What is a trademark?
In today’s globalized free market the need to distinguish products or services in respect to their origin is urgent. The trademark separates the products and services of one’s business from the rest on the market.
A special category of trademark is the mark with reputation, that is, the mark which is widely known to the consumers.
Indicative examples of what can be trademark are:
- words or phrases,
- the name of the enterprise,
- the numbers,
- the shape of the product or package,
- a three-dimensional graphic design,
- a melody or special sound,
- a hologram.
What does the protection of the trademark have to offer?
- It prohibits the use of an identical or similar trademark by a third party.
- It covers specific geographical limits depending on the geographical protection zone.
- It covers the categories of products and services under the Nice Classification (see here) for which it is used.
- The mark becomes the property of its proprietor and a valuable asset, especially when it comes to a mark with reputation.
How is the protection of the trademark achieved?
The process varies based on the geographical protection zone of the registration. The steps to be followed are:
- Conception of the mark and its Realization. The mark should constitute of such elements that make it distinct so it can be protected. Our office can provide you the know-how to guide you through this step.
- Research to confirm the originality of the trademark and the absence of identical or similar pro-existing marks within certain geographical limits. Our office undertakes to carry out this research and inform you accordingly.
- Gathering the necessary data required for the registration’s application of the national, European or international trade mark. Our office can perform this step fast and accurately.
What is the administrative cost of the registration application?
It varies according to the chosen geographical area of registration:
- the fee of a Greek trademark is 110 euros plus 20 euros for each additional class of goods and services
- the fee of a European trademark is 850 euros for the first class plus 150 euros for the second one and 50 euros for each additional class.
- the fee of an international trade mark is 653 Swiss francs for black and white marks and 903 Swiss francs for color marks as a basic fee, plus the fee for each country in which it is registered and the fee for the additional classes, which depend on the country of choice of the proprietor.
How is the dispute regarding the infringement of the trade mark right resolved in Greece?
- Through the mediation procedure according to the recent law 4512/2018
- Through the usual judicial proceedings
Mediation is proposed as the most adequate procedure because (law 4512/2018) :
- It is a low-cost and time-saving procedure
- It is flexible and is characterized by confidentiality as the publicity of the court room is absent and thus the valuable commercial secrets are protected.
- Since the October of 2018 Mediation it will be a mandatory preliminary step, necessary for the judicial protection of the trade mark’s right. On the other hand, both the European and the World Intellectual Property Office offer mediation services regarding the disputes between the trademark proprietors.
Which are the services offered by our Law Office?
- Our office operates as a trademark representative and undertakes the registration process from the first to the last step providing you with our legal services and professional experience.
- After the successful registration of your trade mark our office undertakes to exercise supervision in order to prevent and deal with violations of your rights.
- Our office is responsible for the resolution of the arising disputes either through mediation or before the court concerning the already registered trademarks.
Contact us in order to guide you and help you according to your personal needs and special interests.