210 6183580 - 582 | info@obi.gr

Sunday, November 17, 2024

The system under the title “Online Trade marks Filing” is accessed through O.B.I.’s official website: https://www.obi.gr.

Access to the system is carried out from the “Electronic Services” tab https://tmfo.obi.gr/sp-ui-tmefiling/ and is fulfilled by using the user’s TAXIS codes.

The following documents must be definitely attached to the online trade marks filing, as the case may be:

Documents constituting or evidencing the requisite power of the person or persons acting on behalf of the proprietor in the case where it is a company.

Appointment of a procedural representative that is accompanied by the signature of the depositor, or if the depositor is a company, by the seal and signature of its legal representative (provided that an attorney – at – law is not respectively appointed).

A promissory note in the case where an assigned attorney – at – law is appointed, who will also fil the trade mark’s statement.

These documents are scanned and online attached in a PDF format at each Step as the case may be.

Not attaching them will result to the delay of examination or to the rejection of the trade mark.

The payment of the fees takes place online by using a card and the corresponding sums, depending upon your application, may be found to the fees table which is posted on the Organisation’s website: https://www.obi.gr.

The precise time of filling (date and hour) is provided by the timestamping service of the National Portal of Public Administration “ERMIS” which is synchronized with the national time of the National Institute of Metrology.

The trade mark’s number is provided by the trade marks online filing system which also guarantees the uninterrupted and uniform numbering of all deposits (electronic (online) and non-electronic (paper)) respecting the order of priority of the filings.

Following the completion of the online filing procedure, the depositor receives from the system a pre – draft of his filing which he can save on his computer or he can print it. Also, on the last screen, the confirmation of the successful filing will be displayed, which the user has the possibility to print.

Under the aim of improving the service provided to the user, the application has been designed in order to operate in five (5) steps, offering as such immediate information on the accuracy of the entered data and enabling on-the-spot correction, namely:

Step 1st

Select one of the categories that identify your Trade mark (Word, Figurative, Figurative with words).

If  your selection is Verbal, type the wording of the trademark to the respective field.

If your selection is Figurative or Figurative with words, the system will ask you to attach the file of the representation of the Trade mark.

The representation of trade marks shall fulfil the following prerequisites when first created. In the case of any modification (resized images), their uploading by the system will not be possible.

♦ File format: JPEG the size of the file shall not exceed 2MB

♦ File name: 25 characters maximum

♦ Minimum image resolution: 150 Χ 150 pixels

♦ Maximum image resolution: 300 Χ 300 pixels

♦ Minimum image density: 72 DΡΙ

♦ Acceptable colour typers: RGB, BW, GRAYSCALE

Step 2nd  

Here you may insert the goofd and services for which you acquire protection by the means of your trade mark. On the screen that will appear, you have the options:

“Search” or “I will submit my own list”

If you insert the name of the good / service and select “Search” the system will show you the class (or the classes) where the good / service belongs, and it will display the detailed list of goods and services from which you can choose.

If the search is made without entering a specific term, the system displays the general list of classes and goods / services from which you can select the classes and the goofs or services for which you are acquiring protection. Selecting acceptable terms will speed up the submitted trade examination procedure. Entering a large number of pre – defined terms into the system may prevent the completion of a trade mark’s filing procedure. In this case, it is recommended that you make use of the option: “I will submit my own list”.

If you select “ I will submit my own list ”, you may state specific goods / services from the class you had selected (goods or services which are not found in this particular class, but they belong to it and shall be separated by using the symbol #).  In the case where you state only the title of the class it is deemed that all goods or services which are falling within the context of the literal meaning of the class, are included. In this last case and if you wish to include all goods or services that fall under the alphabetical list of the stated class, we recommend that you mention the title of the class, as well as all those goods or services that do not fall within the literal meaning of the title of the relevant class.

You may use the “TMclass” and by searching a term (name of a specific good or service) to identify and select the classes in which you are interested in accordance with the goods or/and services for which you are seeking protection. Selecting acceptable terms speeds up the submitted trade mark’s examination procedure. Although you  may select the general indications which are included into the titles of the classes of the Nice Classification, as they are displayed into the TΜclass, nonetheless they shall cover only those goods or services which are included into their literal meaning and not necessarily those included into the alphabetical list of the respective class. Accordingly, we recommend that you specialize the goods or services for which you are seeking the protection of your trade mark by carefully reading Article 23 of the Law 4679/2020.

The following classes need to be specified by the detailed alphabetical list of goods and services due to the fact that they entail vague terms, and the tile of these classes should be avoided or exclusively used. These classes are the following:

7 Machines

37 Repair services. Installation Services

40 Treatment of materials.

45 Personal and social services rendered by others to meet the needs of individuals.

Step 3rd

When the selection/insertion of classes is completed, the system proceeds with an automatic check for the existence of trade marks with similar names and classes that have already been filed. The check takes place through the “TMView” database. If similar trade marks are found, the system displays their basic elements (number of the trade mark, name of the trade mark, filing country, name of the proprietor, classes) under the section entitled as “Potential similarities with pre – existing trade marks”. You can download the list of similar trade marks on you computes in a PDF format.

In addition, if you had submitted a statetement for the same trade mark within the last six months into another country, irrespective of whether or not it was accepted in that country, you may claim Priority, provided that it concerns:

A National mark in a Member State of the Paris Convention.

A National mark in a state where a bilateral agreement with Greece had been concluded.

European Union trade mark.

International trade mark.

In addition, if you had filed or registered an EU Trade mark and you are requesting its conversion into a national one, you may state it.

Step 4th

Insert the details of the persons (Δικαιούχου, Πληρεξουσίου Δικηγόρου (εάν ορίζεται) και Αντικλήτου).

The necessary, as the case may be, supporting documents, are the following:

In the case where the Proprietor is a Legal Person – Company (General Partnership (Omorrythmi Etairia (O.E.)), Limited Company (Anonymi Etairia (A.E.)), Private Equity Company (Iditioki Kefailouxixi Etairia (I.K.E.)), Limited Liability Company (Etairia Periorismenis Euthinis (E.P.E.)) etc.) the attachment of the legalization documentation in a PDF format is required (G.E.M.H. representation, statute of the company or other documents depending on the form of the company).

In the case where an Assigned Attorney – at – Law is appointed (who may simultaneously be also a procedural representative) the attachment of the Promissory Note for Contributions payable in advance, is required.

In the case where the Proprietor is a Legal Person – Company and an Assigned Attorney  -at – Law is not appointed but only a procedural representative, the Appointment of the Procedural Representative is attached accompanied by the seal and the signature of the legal representative.

In the case where the Proprietor is an Individual Company / Individual /  Natural Person,  the Appointment of the Procedural Representative accompanied by the full name and the signature of the Proprietor himself.

Not attaching the required, as the case may be, supportive documents will result to the delay of examination or to the rejection of the Trade mark’s Statement.

Step 5th

All data inserted so far are displayed. In each of the sections displayed, you can amend the data if any error is found.

If data is correct, at the bottom of the screen you can insert additional information, and by the means of the “Add files” tab to attach additional accompanying files.

In “Payment Options” the payment by credit card will only be displayed for the time being.

At this point the filing of your statement to the Hellenic Industrial Property Organization (Organismos Biomixanikis Idioktisias (O.B.I.)) has been completed.

By selecting “Print” you may print the screen below with the evidence of your statement.

Following the filing of a National Mark the Decision will be posted on our websites on the menu “Decisions” and you may search by inserting the number of the trade mark.

From the date when the Decision is issued, the 3-months period of Opposition is commencing (Opposition is served and you are respectively notification by a court bailiff). Following the expiration of the said period of 3 months and provided that an Opposition had not been raised, your trade mark is finalized (the status at “TM View” changes from Filed to Registered, and then you may call the Protocol Service ((+30) 211 1097 901, 903)  to ask a copy of the Trade mark.