First Trade Marks Directive 1989
Share
The First Trade Marks Directive 1989 was a EU directive adopted in 1989. It aimed to harmonise trademark laws across EU member states and establish a common framework for the protection of trademarks. It introduced several key provisions and principles regarding trademark registration, scope of protection, and enforcement.
Definition of a trademark: The directive provided a clear definition of a trademark, encompassing any sign capable of being represented graphically and distinguishing the goods or services of one undertaking from those of others.
Absolute grounds for refusal: The directive established certain absolute grounds for refusing trademark registration, such as signs that lack distinctive character, consist exclusively of descriptive terms, or are generic in nature.
Relative grounds for refusal: It outlined relative grounds for refusing trademark registration, which include the likelihood of confusion with earlier trademarks, the existence of well-known trademarks, and the risk of unfair advantage or detriment to the distinctive character or reputation of existing marks.
Exhaustion of rights: The directive clarified the principle of exhaustion of rights, stating that once a trademarked product is lawfully placed on the market within the European Economic Area by the trademark owner or with his consent, his exclusive rights are considered exhausted in relation to that product.
Infringement and enforcement: The directive provided guidelines on trademark infringement and enforcement, specifying the rights and remedies available to trademark owners in cases of unauthorised use, counterfeiting, or dilution of their marks.
The First Trade Marks Directive served as an important step towards the harmonisation of trademark laws within the EU, providing a consistent framework for the protection and enforcement of trademarks across member states. It laid the foundation for subsequent developments in EU trademark law, including the later revisions and amendments introduced by the EU Trademark Directive 2008 (later replaced by the EU Trademark Directive 2015) and the EU Trademark Regulation 2017.
Definition of a trademark: The directive provided a clear definition of a trademark, encompassing any sign capable of being represented graphically and distinguishing the goods or services of one undertaking from those of others.
Absolute grounds for refusal: The directive established certain absolute grounds for refusing trademark registration, such as signs that lack distinctive character, consist exclusively of descriptive terms, or are generic in nature.
Relative grounds for refusal: It outlined relative grounds for refusing trademark registration, which include the likelihood of confusion with earlier trademarks, the existence of well-known trademarks, and the risk of unfair advantage or detriment to the distinctive character or reputation of existing marks.
Exhaustion of rights: The directive clarified the principle of exhaustion of rights, stating that once a trademarked product is lawfully placed on the market within the European Economic Area by the trademark owner or with his consent, his exclusive rights are considered exhausted in relation to that product.
Infringement and enforcement: The directive provided guidelines on trademark infringement and enforcement, specifying the rights and remedies available to trademark owners in cases of unauthorised use, counterfeiting, or dilution of their marks.
The First Trade Marks Directive served as an important step towards the harmonisation of trademark laws within the EU, providing a consistent framework for the protection and enforcement of trademarks across member states. It laid the foundation for subsequent developments in EU trademark law, including the later revisions and amendments introduced by the EU Trademark Directive 2008 (later replaced by the EU Trademark Directive 2015) and the EU Trademark Regulation 2017.
