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 It was repealed in 2008 by EU Directive 2008/95/EC.
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.
Transpositionedit
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 invalidityedit
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
trade, marks, directive, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, ja. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Trade Marks Directive news newspapers books scholar JSTOR January 2021 Learn how and when to remove this template message 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date the Directive therefore became law with direct effect in each of the member states of the European Union It was repealed in 2008 by EU Directive 2008 95 EC Directive 89 104 EECEuropean Union directiveTitleFirst Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marksMade byCouncilMade underArticle 100aJournal referenceL40 11 December 1989 pp 1 7HistoryDate made21 December 1988Came into force27 December 1988Implementation date31 December 1992Other legislationAmended bysee textCurrent legislation Contents 1 Intention 2 Transposition 3 Grounds for refusal or invalidity 4 See also 5 References 6 External linksIntention editThe 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 editIn 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 editThe 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 DeceitfulSee also editWindsurfing Chiemsee Produktions v BootsReferences edit UK Legislation Trade Marks Act 1994External links editText of directive with headers html Text of the directive pdf Retrieved from https en wikipedia org w index php title Trade Marks Directive amp oldid 1172859072, wikipedia, wiki, book, books, library,
