Directive to approximate the laws of the Member States relating to trade marks

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.

Intention

The intention of the Directive was to approximate the laws of the Member States of the European Union relating to trade marks. The Directive was designed to harmonise the disparities in the respective trade mark laws which 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. how we can apply these kind of directives in allover the world? This question is an important one that every researchman has duty to find a right answer.

Grounds for refusal or invalidity

The Directive stipulated that certain signs were not to be registered. That is: those which are devoid of distinctive character; signs which indicate the kind, quality or other characteristic of the goods or services they represent; customary signs in the trade; signs contrary to public policy; and deceitful signs.

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