Proposal for a COUNCIL DECISION on the deferment of the date on which the laws of the Member States must comply with Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to Trade Marks
Date: 1991-11-28
Institutions: European Commission
Subjects: approximation of laws, industrial property, trade mark

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0MC9Î) 481  final 

Brussels, 28 November  1991 

Proposal  for a 

COUNCIL  DECISION 

on  the deferment  of  the date on which  the  laws 
of  the Member  States must  comply  with 
Council  Directive  89/104/EEC of  ^ c e r t b er  19B8 
to approximate  the  laws of  the Member  States 
relating  to Trade Marks 

(presented  by  the  Commission) 

-  1 -

EXPLANATORY  MEMORANDUM 

1. The objective of  this Communication  is to request  the Council  to decide 

that  the date of  implementation of Council  Directive 89/104/EEC of 

21 December  1988 on  the harmonization of  the  laws of  the Member  States 

relating  to trade marks be deferred  from  28 December  1991 until 

31 December  1992. 

2. Council  Directive 89/104/EEC provides  in Article  16(1),  that  the Member 

States must  comply with  its provisions not  later  than  28 December  1991. 

Paragraph  2 of  this Article, however, contains a provision  in accordance 

with which  the Council, acting on a proposal  from  the Commission, may 

defer  the said date until  31 December  1992 at the  latest. 

This provision  has been  included, exceptionally,  in the Directive  to 

ensure the envisaged  "parallelism" between  the Community  Trade Mark 

Regulation  and  the Trade Mark Directive.  The parallelism  implies that 

the date from which Community Trade Mark  applications may  be filed should 

be the same as the date of the entry  into force of  the national 

legislative measures mandated by Directive 89/104/EEC. 

The  reason behind  this exceptional  provision  has been  included  as a 

statement  of  the Council  and  the Commission  in the minutes of  the Council 

meeting at which  the Directive was adopted. 

3. Recently, the Commission received  a request  from e Member  State to 

propose  the deferment of the date of  implementation  in accordance  with 

Article  16(2) of  the said Directive. 

The Commission  realises that Community  Trade Mark  applications  can not be 

filed before 28 December  1991 and  that  it  is possible  that  that may not 

even be the case by 31 December  1992.  The  latter  is, however, not yet 

excluded  if the necessary  decisions for  the adopt on of  the Community 

Trade Mark  system were to be taken shortly. 

Furthermore,  it should  be underlined  that  the deferment  of  the date of 

implementation until  31 December  1992 would  in any case  have  the effect 

that  the parallelism between  the date of  implementation of  the Directive 

and  tho date on which  applications  for Community  Trade Marks may  be filed 

will  be assured  for, at  least, another  12 months. 

4. The deferment  of  the date of  implementation until  31 December  1992 would 

still  meet  with  the objectives set  for  the completion  of  the  Internal 

Market  by  1992.  In this  light, the Commission  notes  that  any  further 

deferment  of  the date of  implementation  is not  foreseen  by  the Directive 

nor shall  it be proposed  by  the Commission. 

5. Proposal  for a Council  Decision 

Accordingly,  the Commission  proposes  that  the Council  adopts  the attached 

draft  Decision. 

- 3-

PROPOSAL 
FOR A 
COUNCIL DECISION 

on  the deferment  of  the date on which  the  laws 
of  the Member  States must  comply  with 
Council  Directive 89/104/EEC of  21 December  1988 
to approximate  the  laws of  the Member  States 
relating  to Trade Marks 

- 4-

THE COUNCIL OF THE EUROPEAN  COMMUNITIES 

Having  regard  to the Treaty establishing  the European  Economic  Community, 

Having  regard  to First  Council  Directive 89/104/EEC of  21 December  1988 to 

approximate  the  laws of  the Member  States  relating  to trade  marks^1),  in 

particular  Article  16(2) thereof, 

Having  regard  to the proposal  from  the  Commission, 

whereas under  Article  16(1) of Directive  89/104/EEC  the Member  States shall 

bring  into force  the  laws, regulations  and administrative  provisions 

necessary  to comply  with  this Directive  not  later  than  28 December  1991, 

whereas under  Article  16(2) of Directive  89/104/EEC, on  a proposal  from  the 

Commission,  the Council, acting by qualified majority, may  defer  the date 

referred  to  in Article  16(1) until  31 December  1992 at  the  latest, 

whereas  this exceptional  provision  has been  included  in 

Directive 89/104/EEC exclusively  to ensure,  if necessary,  that  the date of 

the entry  into force of  the  legislative measures mandated  by  it should, as 

far as possible, be aligned with  the date as from which  it will  be possible 

for Community  trade mark  applications to be filed, 

whereas  the Commission's  proposal  for a Council  Regulation on  the  Community 

trade mark^2) has not  yet  been  adopted, 

whereas  it  is expected  that  the said  Regulation will  be adopted  shortly, 

whereas  It seems therefore appropriate  to defer  the date on which  the 

Member  States shall  bring  into force  the  legislative measures mandated  by 

Directive 89/104/EEC until  31 December  1992 so that  the objective,  referred 

to above, may  be pursued, 

(1) OJ No. L40 of  11 February  1989, p. 1. 
(2) OJ  No. C351 of  31 December  1980, p. 1 and OJ No. C230 of 

31 August  1984, p. 1. 

whereas  the objectives set  for  the completion of  the  Internal  Market  by 

1992 continue  to be respected notwithstanding  the deferment, until 

31 December  1992, of  the date on which the  laws, regulations and 

administrative provisions of  the Member  States must  comply  with  Directive 

89/104/EEC. 

HAS ADOPTED THIS DECISION 

Article 1 

The date referred  to  In Article  16(1) of  First CounciI  Directive  89/104/EEC 

of  21 December  1988 to approximate  the  laws of  the Member  States  relating 

to trade marks shall  be deferred until  31 December  1992. 

Article  2 

This Decision  is addressed  to the Member  States 

Done at Brussels, 

For  the Council 

The  President 

.  c-

Note on  Impact  for small  and medium  sized  enterprises 

The object of  this Communication  is to recommend  the Council  to decide that 

the date on which  the  laws of  the Member  States must  comply with Council 

Directive 89/104/EEC be deferred  from 28 December  1991 until 

31 December 1992. 

Thus, this concerns an act which has no effect on small  and medium sized 

enterprises or on employment. 

- 3-

ISSN 0254-1475 

COM(91) 481 final 

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Catalogue number : CB-CO-91-531-EN-C 

ISBN 92-77-77889-X 

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