Siotou Law Firm



Trademarks Administrative Committee No. 8524/2004 Proof of bad faith. Trademark application “SECURITEST and coloured device” was held unregistrable and therefore cancelled as filed in bad faith and as taking unfair advantage of the earlier trademark rights of the French company “SECURITEST S.A.”, in spite of the fact that the French company does not own Greek or CTM trademark rights.

First Instance Administrative Court of Athens No. 4855/2002 “DILTEM” was found confusing similar to prior trademark registration “TILDIEM”.

First Instance Administrative Court of Athens No. 9970/2003 ROCK ICE, for goods in Class 32, held not descriptive, as it does not refer to the phrase “on the rocks” as the proprietor of the earlier mark “ICE” claimed.

First Instance Administrative Court of Athens No. 16282/2004 The trademarks Committe initially rejected the trademark application ROUGE on the basis of lacking distinctive character. FIAC acknowledged distinctiveness of the trademark ROUGE for clothing and footwear.

Second Instance Administrative Court of Athens No. 4226/2002 “LASTIN” held registrable for pharmaceutical preparations despite the existence of the prior trademark registration “LASTIPEN”.

Second Instance Administrative Court of Athens No. 3028/2003 Final ruling on the trademark application “OPRAZOL”, which was rejected on the basis that it is a slavish imitation of the generic name (INN) “oprazole”.

State of Council
The State of Council opined that the trademark “VEGETA” is not confusingly similar with the prior trademark “VEGETAL CREAM”, sending the case back to the Second Instance Administrative Court for reconsideration and approval.

Parallel Imports

click here to read an interesting decision on a parallel imports matter

Domain names

The Hellenic Telecommunications & Post Commission decided that the domain name granted to a greek person without the permission of the trademark owner was made against good faith and therefore was found illegal.

The Commission reached this conclusion based on the fact that the greek domain name applicant had put the indication “FOR SALE” in the relevant site to the purpose of making illegal profit through the sale of the domain name, which however did not belong to him. Furthermore, the Commission ordered the cancellation of the domain name.