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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 18 FEBRUARY 2010
Greece - Book titles not registrable as a trade mark says the Supreme Civil Court

In a (well hidden from the eyes of this blogger) 2009 judgment, Areios Pagos, the Greek Supreme Civil and Criminal Court, held that book titles are cannot be registered as trade marks, because they do not serve to identify the publisher, but only the book as an intellectual work. The particular dictum came from the “sidelines” of a rather complex infringement action, almost 20 years old, where the validity of the marks was not a real issue. The ruling, however, acknowledges case law instances where book titles have been registered as trade marks (collective works and cases when the mark was filed to designate the book – product as originating from the publisher), but, sadly, offers no more guidance on the topic. Class 46 friend, Greek IP lawyer, Michalis Kosmopoulos, had an interesting comment: Under Greek law, civil courts have competence over trade mark infringement disputes (as was this case), but the competence to rule on the registrability of trade marks lies with the administrative courts. So, Areios Pagos may have overstepped its authority on this one. The judgment was issued under No. 1309/2009 and is available only in Greek.   

Posted by: Nikos Prentoulis @ 12.26
Tags: Greece, Areios Pagos, Suprem Court, book titles,
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