Directive 2008/95 - Directive 2008/95/EC to approximate the laws of the Member States relating to trade marks (Codified version) - Main contents
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official title
Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Codified version)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2008/95 |
| Original proposal | COM(2006)812  |
| CELEX number i | 32008L0095 |
| Document | 22-10-2008 |
|---|---|
| Publication in Official Journal | 08-11-2008; OJ L 299, 8.11.2008,Special edition in Croatian: Chapter 17 Volume 002 |
| Effect | 28-11-2008; Entry into force Date pub. + 20 See Art 18 |
| End of validity | 14-01-2019; Repealed and replaced by 32015L2436 |
| Transposition | 31-12-1992; At the latest See Art 17 |
8.11.2008 |
EN |
Official Journal of the European Union |
L 299/25 |
DIRECTIVE 2008/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2008
to approximate the laws of the Member States relating to trade marks
(Codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The content of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (3) has been amended (4). In the interests of clarity and rationality the said Directive should be codified. |
(2) |
The trade mark laws applicable in the Member States before the entry into force of Directive 89/104/EEC contained disparities which may have impeded the free movement of goods and freedom to provide services and may have distorted competition within the common market. It was therefore necessary to approximate the laws of the Member States in order to ensure the proper functioning of the internal market. |
(3) |
It is important not to disregard the solutions and advantages which the Community trade mark system may afford to undertakings wishing to acquire trade marks. |
(4) |
It does not appear to be necessary to undertake full-scale approximation of the trade mark laws of the Member States. It will be sufficient if approximation is limited to those national provisions of law which most directly affect the functioning of the internal market. |
(5) |
This Directive should not deprive the Member States of the right to continue to protect trade marks acquired through use but should take them into account only in regard to the relationship between them and trade marks acquired by registration. |
(6) |
Member States should also remain free to fix the provisions of procedure concerning the registration, the revocation and the invalidity of trade marks acquired by registration. They can, for example, determine the form of trade mark registration and invalidity procedures, decide whether earlier rights should be invoked either in the registration procedure or in the invalidity procedure or in both and, if they allow earlier rights to be invoked in the registration procedure, have an opposition procedure or an ex officio examination procedure or both. Member States should remain free to determine the effects of revocation or invalidity of trade marks. |
(7) |
This Directive should not exclude the application to trade marks of provisions of law of the Member States other than trade mark law, such as the provisions relating to unfair competition, civil liability or consumer protection. |
(8) |
Attainment of the objectives at which this approximation of laws is aiming requires that the conditions for obtaining and continuing to hold a registered trade mark be, in general, identical in all Member States. To this end, it is necessary to list examples of signs which may constitute a trade mark, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings. The grounds for refusal or invalidity concerning the trade mark itself, for example, the absence of any distinctive character, or concerning conflicts between the trade mark and earlier rights, should be listed in an exhaustive manner, even if some of these grounds are listed as an option for the Member States which should therefore be able to maintain or introduce those grounds in their legislation. Member States should be... |
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