Readers of this blog may recal that, under its long awaited revision in 2012, Greek trademark law, expressly provides that trademark owners may rely on their trademark rights to stop infringing goods, even when in transit. The introduction of this provision naturally put a smile in a lot of practicioners' faces.

Greek customs have not failed to implement the provision, but an interesting paradox seems to have arisen. This blogger has been informed the Customs will not apply the provision for goods infringing CTMs, as the Regulation has no similar provision. Technically speaking, they look to be right: the two legal orders are autonomous and the principle of equality does not seem to have much room to play. Perhaps an innovative approach supporting the analogous application of the transit provision for Greek national trademarks could succeed.

Either way, this blogger must admit that the situation is one of the rare instances (after ONEL/OMEL) where a Greek national trademark appears more attracive than a CTM.