HOW DOES THE INTERESTED PARTY CHECK WHETHER THE TRADE MARK TO BE REGISTERED IS SIMILAR TO A PRIOR ONE?

Prior to the commencement of the procedure of registering a trade mark, the check of its availability to the “TMview” database is proposed. By searching similar previous trade marks, the rejection of the new – under registration – trade mark is avoided, while the creation of new trade marks which will not conflict with other already registered, is ensured.

The “TMview” database contains information about trade marks registration statements and registered trade marks from all European Union national offices, from the European Union Intellectual Property Office (EUIPO) and from several international partner offices outside the EU.

WHERE SHOULD SOMEONE REGISTERED A TRADE MARK?

If the interested party carries out commercial activity in only one (1) country of the European Union, then it needs protection solely at that country and for this reason it may register the trade mark at national level.

In the case where that country is Greece, the interested party shall register its trade mark to the Hellenic Industrial Property Organisation (O.B.I.) (National Mark).

If the interested party needs to protect its trade mark in all the countries of the European Union, then it shall register its trade mark to the European Union Intellectual Property Office (EUIPO). This trade mark is regulated by the Regulation 2017/1001/ΕΕ, and its registration takes effect throughout the European Union, having a uniform character in all Member States. All necessary information concerning the registration of trade marks at the European Union and personalized support on intellectual property issues, are provided on the EUIPO website (European Union Trade mark).

If the interested party needs protection of its trade mark, outside the European Union, then it shall fill a statement of registration concerning its international trade mark with the World Intellectual Property Organization (WIPO), under the Madrid International Protocol (1989) (International Mark). Ο.Β.Ι. constitutes an office competent for receiving international application under the prerequisites provided by Article 72 Law 4679/2020. The international trade mark, following the request to extend the extension of its protection within the Greek territory, is protected as the national mark, in accordance with Law 4679/2020.