Guidance

Examination of application

Granting application's submission date

After receiving your application, the Intellectual Property Section, provided it is satisfied that the conditions of the registration's application are met, notifies you of the relevant number and the application's submission date.

Formal examination

The stage of formal examination follows, during which the Section examines whether the application meets the formal requirements set by the legislation as to information, data and documents that must be included in it. In case of omissions, the Section sends a relevant notice, requesting you to proceed within two (2) months from the date of the receipt of the notice with the necessary corrective actions.

In case of non-compliance, the application is archived and is not examined as an application for trademark registration. At the same time, in case of non-compliance with the formal requirements of supporting a request for claiming priority, the request is rejected.

Examination of classification

In case where the Section deems that the classification of products or services is not in accordance with Nice classification, you are requested to proceed, within two (2) months of the date of the relevant notice, with the necessary steps for correction by submitting, either through the trademark's e-filing system or by hand / post, the form for amendment of classification (form Ε.Σ 03). It is noted that no fees are paid with the submission of the said form. In case of non-timely compliance, the application is rejected.

e-filing 

Examination of rejection reasons

Provided that the application meets the necessary formal requirements, the Section proceeds with the substantive examination of the application; i.e. it examines whether, for all or part of the products or services, there are absolute reasons of rejection (e.g. it is not registrable as trademark or lacks distinctive character etc.) and/or relative reasons of objection (e.g. it conflicts with one or more earlier identical or similar trademarks).

Written Reply and Hearing

In case where the examination shows that the application conflicts with one or more of the absolute or relative reasons of rejection, you are requested, within two (2) months from the date of the relevant notice, to:

• revoke your application, by submitting, either through the trademark's e-filing system or by hand / post, the form for the completion of procedures (form Ε.Σ. 05);
• limit the extent of its protection, in such a way so as to make the mark admissible, e.g. by limiting the products or services it covers, by submitting, either through the trademark's e-filing system or by hand / post, the statement of limitation of products or services (form Ε.Σ 06); or
• submit, either through the trademark's e-filing system or by hand / post, your observations in relation to the Section's decision with the form for reply to office's objections (form Ε.Σ 04).

It is noted that no fees are paid with the submission of the said forms.

In case of non-timely reply, the application is rejected.

The Section proceeds to the examination of your observations or other actions and issues a final decision regarding the acceptance or rejection of your application.

It is noted, that you may submit, in exceptional cases and provided that it is justified, either through the trademark's e-filing system or by hand / post, a request for hearing (form Ε.Σ 21) before the issuance of the final decision regarding the acceptance or  rejection of your application.

The Section's decision is subject to recourse procedure before the Administrative Court.

e-filing

Division of application

You can divide the application into two or more partial applications, stating for each one the products or services of the initial application that are covered, by submitting, at any time after the grant of the application's submission date, more than three (3) months after the publication of the application, by hand / post, form Ε.Σ 10, accompanied by the fee of eighteen euro (€18). The fee is payable in cash, by cheque, through an account in the Department of Registrar of Companies and Intellectual Property or through bank transfer.

It is noted that the products or services of the partial application may not overlap with those remaining in the initial application.

Provided the Section is satisfied that all conditions are met, it proceeds with the registration of the division of the application, the creation of each one of the partial applications that arise with a new application number, while maintaining the submission date of the initial application, as well as their publication in the Official Gazette.