The Greek draft law implementing the European Trade Mark Directive 2015/2436 (the Directive) was uploaded on the compenet Ministry website for public consultation on January 11, 2019, and it will remain open for public consultation until February 01, 2019 (http://www.opengov.gr/ypoian/?p=9959).

The main points of the draft law include:

• Elimination of graphic representation: the requirement for graphic representation was eliminated.
• Goods in transit: trademark owners have the right to stop any third party from bringing goods into Greece from third countries, even where the goods are not intended to be released for free circulation in the Greek market. Such right may not be exercised if the owner of the goods or the declarant proves that the holder of the trademark rights may not forbid the commercialization of the goods at the country of destination.
• Representative/Attorney: if a mark was filed by a representative/attorney without authorization, the trademark owner has the right to forbid the use and/or request that the mark is transferred to him.
• Acquiescence: extended to invalidity proceedings, making also use of the discretion provided to extend the limitation to holders of any other prior rights.
• Proof of Use: introduced also in infringement proceedings. Furthermore, proof of use in invalidity proceedings was extended to a second possible relevant point in time, namely that of the date of filing of the later mark, implementing art. 46 par. 2 of the Directive.
• Mediation: the possibility of voluntary mediation has been introduced in the proceedings before the Trademark Administrative Committee (competent for oppositions and cancellation/invalidity actions), in order to provide more room for the parties to find an amicable solution. Mandatory mediation is already provided in Greek law for infringement actions, to be put in force, after the postponement of its initial entry into force, on 16.9.2019.
• Effects of invalidity/revocation: the point in time where the effects of invalidity start have been amended, from the time of filing of the action to the time of filing of the invalid trademark. Possibility for the revocation action effects to start from the time of filing of the revoked trademark is provided.
• No immunity of registration: infringement action can be brought against a registered trademark.
• Intervening rights: this new for Greek trade mark law notion was introduced, providing for the intervening rights defense in the context of infringement and in the context of invalidity action.
• Certification marks: these have now been introduced into Greek trademark law, making use of the respective discretion provided in the Directive.