Directive to approximate the laws of the Member States relating to trade marks
Encyclopedia
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.
laws that had the potential to impede the free movement of goods and provision of services and 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 trade mark registries. For example, the Directive did not stipulate how member states should deal with the registration, revocation and invalidity of trade marks. These elements were left to the national bodies' discretion.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
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.
Intention
The Directive is intended to approximate laws of the Member States of the European Union that relate to trade marks. The Directive was designed to harmonize disparities in the respective trade markTrademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
laws that had the potential to impede the free movement of goods and provision of services and 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 trade mark registries. For example, the Directive did not stipulate how member states should deal with the registration, revocation and invalidity of trade marks. These elements were left to the national bodies' discretion.
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 characteristic of the goods or services they represent
- Are customary signs in the trade
- Contrary to public policy
- Deceitful