Trade Marks Directive

Council Directive No. 89/104/EEC, to approximate the laws of the Member States relating to trade marks, was introduced into European Union law on 21 December 1988. Its provisions were required to be introduced into national law by 29 December 1991. On this date, the Directive therefore became law with direct effect in each of the member states of the European Union. It was repealed in 2008 by EU Directive 2008/95/EC.

Directive 89/104/EEC
European Union directive
TitleFirst Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks
Made byCouncil
Made underArticle 100a
Journal referenceL40, 11 December 1989, pp. 1–7
History
Date made21 December 1988
Came into force27 December 1988
Implementation date31 December 1992
Other legislation
Amended bysee text
Current legislation

Intention

The Directive was intended to approximate the laws of the Member States of the European Union which relate to trade marks and to harmonise disparities in the respective trade mark laws which had the potential to impede the free movement of goods and provision of services, or to distort competition within the European Union.

The Directive provided a framework of minimum provisions applicable throughout the European Union but did not seek to impose onerous obligations on national trademark registries. For example, the Directive did not stipulate how member states should deal with the registration, revocation and invalidity of trademarks. These elements were left to the national bodies' discretion.

Transposition

In the UK the Directive was transposed into domestic law by sections 5(3) and 10(3) of the Trade Marks Act 1994.[1]

Grounds for refusal or invalidity

The Directive stipulates that signs cannot be registered if they are:

  • Devoid of distinctive character
  • Indicate the kind, quality, or other characteristics of the goods or services they represent
  • Are customary signs in the trade
  • Contrary to public policy
  • Deceitful

See also

References
  1. UK Legislation, Trade Marks Act 1994
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