A trademark constitutes a fundamental element of a business’s identity, ensuring the uniqueness and recognizability of its products or services. However, the unauthorized use of identical or similar marks by third parties can lead to an infringement of trademark rights, creating confusion among consumers and damaging the commercial value of the mark.
Law 4072/2012 defines clear cases of infringement, distinguishing between direct and indirect forms of violation, while also providing the trademark holder with strong legal means of protection.
What constitutes infringement of trademark rights
According to Article 125, paragraph 3, subparagraphs (a) and (b) of Law 4072/2012, infringement of trademark rights consists of:
(a) The use of a mark identical to the trademark for products or services identical to those for which it has been registered.
(b) The use of a mark identical to the trademark for products or services similar to those for which it has been registered.
(c) The use of a mark similar to the trademark for products or services identical to those for which it has been registered.
(d) The use of a mark identical or similar to the trademark for products or services similar to those for which it has been registered, provided that a risk of confusion is created.
The first case (a) is considered an infringement in every case, without requiring further examination of the risk of confusion. Conversely, for the other cases (b-d), the prerequisite for establishing infringement is the existence of a risk of confusion, which includes both direct risk (the mistaken impression that the products originate from the same company) and indirect risk (the mistaken perception of an economic or organizational link between different companies).
The existence of the risk of confusion is judged by the overall impression created in the mind of the average, informed, and reasonably attentive consumer, taking into account the similarity of the mark with the later mark, as well as the relatedness of the products or services.
Rights of the Holder in Case of Infringement
In case of trademark infringement, the holder may exercise, according to Articles 150-151 of Law 4072/2012, the following claims:
- Cessation of the infringement and prevention of future occurrences – No need to prove fault of the third party or damage to the holder.
- Compensation – Regardless of fault, with the amount calculated based on specific criteria set by law.
- Satisfaction for moral damage – In cases of willful infringement of the trademark.
- Right to information – Against the infringer or any third parties involved in the violation.
Trademark protection is not merely a legal issue but a strategic tool for the security and development of the business. Timely legal intervention safeguards the commercial value of the trademark and prevents potential violations.
