Trade Marks Directive

Directive 89/104/EEC

European Union directive
Title	First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks
Made by	Council
Made under	Article 100a
Journal reference	L40, 11 December 1989, pp. 1–7
History
Date made	21 December 1988
Came into force	27 December 1988
Implementation date	31 December 1992
Other legislation
Amended by	see text
Current legislation

Council Directive No. 89/104/EEC (Repealed by EU Directive 2008/95/EC), to approximate the laws of the Member States relating to trade marks, was introduced into European Union law on 21 December 1988.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.

Intention

The Directive is 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 have 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.

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

• Windsurfing Chiemsee Produktions v. Boots

External links

• Text of directive with headers (html)
• Text of the directive (pdf)