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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TUESDAY, 17 APRIL 2012
Greece - The new TM law finally adopted and set to fully enter into force on October 2012
This time it's for real, the long awaited new Greek TM law was adopted -but not wholly enacted - on 11 April 2012. The law shall fully enter into force on October 2012, six months after its adoption, so that the Greek TM Office, and all of us, have the time to prepare technically (and mentally). It is a new law indeed, radically changing TM registration procedure and aligning Greek legislation with the IP Enforcement Directive 2004/48 ( the part of the law transposing the directive has already been enacted, although, in practice Greek courts had already applying the Directive's provisions).
Tags: Greece, trademarks, trade marks, legislation law, new law, enforcement directive, examiner,
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Greece - The new TM law finally adopted and set to fully enter into force on October 2012
The main features of the new law include:
- E-filing is introduced
- The TM registration is generally designed to be a 'me-too' CTM system
- Application examination will rest at the hands of Examiners and the Trademarks Administrative Committee (now competetent to hear TM applications) will intervene only as an appealte body
- Still, Examiners will also be competent to decline registration for relative grounds of refusal
- Proof of use request, as a defense in opposition proceedings is introduced, thus enabling more efficient dispute resolution. Under the old regime, the defendant in opposition proceedings was obliged to file a cancellation action on the basis of non use to be heard concurrently with the opposition
- TM Licensing procedure is simplified (the new rules are already in place)
- The opposition deadline is reduced to 3 months from 4 ½
- TM Cancellation is divided into two broad categories, declaration of invalidity and revocation, on the footsteps of the CTM Regulation
- The provisions of the Enforcement Directive are transposed into the new law
- A method of calculating damages on the basis of hypothetical royalties is introduced
- Criminal sanctions for infringement of famous TMs are introduced
- Existing criminal protection gets stricter
- Rules on international TM applications/registrations designating Greece are codified and consolidated into the new law.
Posted by: Nikos Prentoulis @ 11.36
Tags: Greece, trademarks, trade marks, legislation law, new law, enforcement directive, examiner,
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