Greek Supreme Court [Àreios Pàgos] (1st Civil Chamber), decision n° 486/2015 on the case: Ε.Ι. PAPADOPOULOS S.A. vs. BINGO S.A
The use of a third party’s trade mark in the course of trade is allowed where it is necessary to indicate the intended purpose of a product. The unaltered use of a third party’s trademark in order to indicate the kind of a product and not its intended purpose is illegal. The unaltered use οf a protected shape of product and a protected shape of packaging by valid third party trademarks is necessary only in order to indicate the kind of the product and not its intended purpose and, as such, is illegal.
Key words: Intellectual Property-Greek Trademark law- Combined Trademark- shape of goods- shape of packaging- lawful use of a third party’s trademark- use of an indication as trademark – use of an indication in good faith
Law provisions: Law No. 2239/1994 [Old Greek Trademark Act], art. 20 para. 1.