CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 22 MARCH 2012
Greece - The new TM law finally reaches the Parliament - is 4 the lucky number?
HOT OFF THE PRESS - Just this afternoon the document of the new trademark law was submitted to the Greek
Parliament. It forms part of an extensive piece of legislation aspiring to boost enterpreneuriship in Greece (the law even includes provisions for the establishment of a new flexible type of corporation - but enough said about corporate). The introductory report reminds us of the three consecutive law preparatory committees that undertook the task to prepare this new piece of legislation.
Posted by: Nikos Prentoulis @ 20.41
Tags: Greece, trademarks, trade marks, legislation law, new law, enforcement directive, examiner,
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Greece - The new TM law finally reaches the Parliament - is 4 the lucky number?
HOT OFF THE PRESS - Just this afternoon the document of the new trademark law was submitted to the Greek
Some of the key features of the new law are (a) implementation of the provisions of the Enforcement Directive 2004/48 (although to be fair, Greek courts have already started applying it), (b) e-filing and, more generally, brave steps to modernise the e-look of the Greek TM Office, and (c) a notable 'me too' structure and provisions in relation to the CTM. Unlike current procedure where the 'Examiner' produces an examination/citation report to the Trademarks Committee that is ultimately competent to decide on the registrability of the mark not only re absolute but relative grounds of refusal, the new system essentially reproduces the CTM procedure, with the significant exception that the Examiner, who initially decides on the registrability of the mark, rules both on absolute and relative grounds of refusal and the Trademarks Committee functions as an appelate panel, before matters are taken up to the administrative courts.
Those who like to gossip (i.e. never this blogger), say that this procedural alignment with OHIM practice comes mainly as the result of the need to digitalize Greek TM Office operations asap and a 'copy - paste' of OHIM's e-system looks like the fastest way to go. The new law includes a number of changes in the TM law, as it stands, and requires some careful reading, which this blogger has not yet managed to do. Moreover, as the e-filing system will take some time to set up the new law is designed to come into force 6 months after its publication in the Official Gazette.
Posted by: Nikos Prentoulis @ 20.41
Tags: Greece, trademarks, trade marks, legislation law, new law, enforcement directive, examiner,



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