What is the application process?
To register an industrial design in Greece, an electronic application must be filed with the Greek Patent Office that includes:
- a request for registration;
- details of the applicant and the creator;
- a graphic representation or original photograph of the design (with a maximum size of 16 centimetres by 16 centimetres);
- an indication of the product into which the design will be incorporated or used;
- the relevant Locarno class of the product;
- priority documents, if convention priority is claimed;
- any applicable documentation regarding succession, which must be notarised and legalised by apostille;
- a certified copy of an extract from the Register of Commerce reflecting the incorporation of the applicant company, legalised by apostille;
- a power of attorney, signed by the applicant, if the filing is made by an authorised agent; and
- payment of relevant fees.
How are the examination and appeals procedures conducted?
The Greek Patent Office does not perform a substantive examination of industrial design applications.
The lack of substantive examination is offset by the possibility of having a design declared invalid upon a nullity action before the competent civil court (Thessaloniki Court of Appeal Decision No. 1044/2011).Opposition
What are the opposition rules?
Greek law does not provide for an opposition procedure.Registration time frame
What are the registration time frames?
Priority must be claimed within six months of the date of first filing.
The Greek Patent Office assesses only the formalities of design applications. Any missing documents or details may be submitted within four months of application. After this term, the design is published in the Official Bulletin of the Greek Patent Office. Grant follows shortly thereafter.
The maximum protection term for designs is 25 years, renewable every five years.Removal from register
In what instances does removal from the register occur?
A design may be declared invalid upon a nullity action before the competent civil court. A design may be invalidated if:
- the registered rights holder is not the creator, successor in title or owner of the design;
- the protected design does not fulfil the registration requirements provided by law; and
- the features of the product’s appearance or its interconnection are not protectable because:
- they are dictated solely by its technical function;
- they must be reproduced in an exact form and dimensions to permit the product into which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function; or
- their exploitation or publication contravenes public policy or accepted principles of morality.