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)
Date: 2008-10-22
Institutions: Council of the European Union, European Parliament
Subjects: ESC opinion, brand name, codification of EU law, free movement of goods, patents licence, trade-mark law

8.11.2008

EN

Official Journal of the European Union

L 299/25

DIRECTIVES

DIRECTIVE 2008/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

of 22 October 2008

(Codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

may afford to undertakings wishing to acquire trade
marks.

Having regard to the Treaty
Community, and in particular Article 95 thereof,

establishing the European

(4)

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

(5)

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

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.

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)

(7)

(8)

Whereas:

(1)

(2)

(3)

content of Council Directive 89/104/EEC of
the
relating to trade marks (3) has been
In the interests of clarity and rationality

The
21 December 1988 to approximate the laws of
Member States
amended (4).
the said Directive should be codified.

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
to ensure the
proper functioning of the internal market.

the Member States in order

is

important not

It
to disregard the solutions and
advantages which the Community trade mark system

(1) OJ C 161, 13.7.2007, p. 44.
(2) Opinion of the European Parliament of 19 June 2007 (OJ C 146 E,
12.6.2008, p. 76) and Council Decision of 25 September 2008.

(3) OJ L 40, 11.2.1989, p. 1.
(4) See Annex I, Part A.

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
invalidity
in the
procedure or in both and, if they allow earlier rights to
be invoked in the registration procedure, have an oppo­
sition 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.

registration procedure or

in the

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.

that

laws

the conditions

is aiming requires

Attainment of the objectives at which this approximation
of
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

L 299/26

EN

Official Journal of the European Union

8.11.2008

(9)

(10)

(11)

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 able to maintain
or introduce into their legislation grounds of refusal or
invalidity
and
continuing to hold a trade mark for which there is no
provision of approximation, concerning, for example, the
eligibility for the grant of a trade mark, the renewal of
the trade mark or rules on fees, or related to the non-
compliance with procedural rules.

linked to conditions

for obtaining

it

is essential

to require that

In order to reduce the total number of
trade marks
registered and protected in the Community and, conse­
quently, the number of conflicts which arise between
them,
registered trade
marks must actually be used or, if not used, be subject
to revocation. It is necessary to provide that a trade mark
cannot be invalidated on the basis of the existence of a
non-used earlier trade mark, while the Member States
should remain free to apply the same principle in
respect of
to
provide that a trade mark may not be successfully
invoked in infringement proceedings if it is established
the trade mark could be
as a result of a plea that
revoked.
is up to the Member
States to establish the applicable rules of procedure.

the registration of a trade mark or

these cases it

In all

enjoy the

It is fundamental, in order to facilitate the free movement
of goods and services, to ensure that registered trade
marks
legal
systems of all
the Member States. This should not,
however, prevent the Member States from granting at
their option extensive protection to those trade marks
which have a reputation.

same protection under

the

The protection afforded by the registered trade mark, the
function of which is in particular to guarantee the trade
mark as an indication of origin, should be absolute in the
case of identity between the mark and the sign and the
goods or services. The protection should apply also in
the case of similarity between the mark and the sign and
the goods or services. It is indispensable to give an inter­
pretation of the concept of similarity in relation to the
likelihood of confusion. The likelihood of confusion, the
appreciation of which depends on numerous elements
and, in particular, on the recognition of the trade mark
on the market, the association which can be made with
the used or registered sign,
the degree of similarity
between the trade mark and the sign and between the
goods or services identified, should constitute the specific
condition for such protection. The ways in which like­
lihood of confusion may be established, and in particular
the onus of proof, should be a matter for national
procedural rules which should not be prejudiced by
this Directive.

(12)

It is important, for reasons of legal certainty and without
inequitably prejudicing the interests of a proprietor of an
earlier trade mark, to provide that the latter may no
longer request a declaration of invalidity nor may he
oppose the use of a trade mark subsequent to his own
of which he has knowingly tolerated the use for a
substantial
time, unless the application for
the subsequent trade mark was made in bad faith.

length of

(13) All Member States are bound by the Paris Convention for
the Protection of Industrial Property. It is necessary that
the provisions of
this Directive should be entirely
consistent with those of the said Convention. The obli­
gations of
resulting from that
Convention should not be affected by this Directive.
Where
of
Article 307 of the Treaty should apply.

the Member States

appropriate,

paragraph

second

the

(14)

This Directive should be without prejudice to the obli­
gations of the Member States relating to the time limit
for
law of Directive
transposition into national
89/104/EEC set out in Annex I, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

This Directive shall apply to every trade mark in respect of
goods or services which is the subject of registration or of an
application in a Member State for registration as an individual
trade mark, a collective mark or a guarantee or certification
mark, or which is the subject of a registration or an application
for registration in the Benelux Office for Intellectual Property or
of an international registration having effect in a Member State.

Article 2

Signs of which a trade mark may consist

A trade mark may consist of any signs capable of being rep­
resented graphically, particularly words,
including personal
names, designs,
letters, numerals, the shape of goods or of
their packaging, provided that such signs are capable of distin­
guishing the goods or services of one undertaking from those of
other undertakings.

Article 3

Grounds for refusal or invalidity

The following shall not be registered or, if registered, shall

1.
be liable to be declared invalid:

(a) signs which cannot constitute a trade mark;

8.11.2008

EN

Official Journal of the European Union

L 299/27

(b) trade marks which are devoid of any distinctive character;

(d) the application for registration of the trade mark was made

in bad faith by the applicant.

(c)

trade marks which consist exclusively of signs or indications
in trade, to designate the kind, quality,
which may serve,
quantity,
intended purpose, value, geographical origin, or
the time of production of the goods or of rendering of
the service, or other characteristics of the goods or services;

(d) trade marks which consist exclusively of signs or indications
which have become customary in the current language or in
the bona fide and established practices of the trade;

(e) signs which consist exclusively of:

(i) the shape which results from the nature of the goods

themselves;

A trade mark shall not be refused registration or be
3.
declared invalid in accordance with paragraph 1(b), (c) or (d)
if, before the date of application for registration and following
the use which has been made of it, it has acquired a distinctive
character. Any Member State may in addition provide that this
provision shall also apply where the distinctive character was
acquired after the date of application for registration or after the
date of registration.

4.
Any Member State may provide that, by derogation from
paragraphs 1, 2 and 3, the grounds of refusal of registration or
invalidity in force in that State prior to the date of entry into
the provisions necessary to comply with Directive
force of
89/104/EEC, shall apply to trade marks for which application
has been made prior to that date.

(ii) the shape of goods which is necessary to obtain a

technical result;

Article 4

(iii) the shape which gives substantial value to the goods;

(f)

trade marks which are contrary to public policy or to
accepted principles of morality;

Further grounds for refusal or invalidity concerning
conflicts with earlier rights

A trade mark shall not be registered or, if registered, shall

1.
be liable to be declared invalid:

(g) trade marks which are of such a nature as to deceive the
public, for instance as to the nature, quality or geographical
origin of the goods or service;

(a)

if it is identical with an earlier trade mark, and the goods or
services for which the trade mark is applied for or is
registered are identical with the goods or services for
which the earlier trade mark is protected;

(h) trade marks which have not been authorised by the
competent authorities and are to be refused or invalidated
pursuant to Article 6 ter of the Paris Convention for the
Protection of Industrial Property, hereinafter referred to as
the ‘Paris Convention’.

(b) if because of its identity with, or similarity to, the earlier
trade mark and the identity or similarity of the goods or
services covered by the trade marks, there exists a likelihood
of confusion on the part of the public; the likelihood of
confusion includes the likelihood of association with the
earlier trade mark.

Any Member State may provide that a trade mark shall
2.
not be registered or, if registered, shall be liable to be declared
invalid where and to the extent that:

(a)

the use of that trade mark may be prohibited pursuant to
provisions of law other than trade mark law of the Member
State concerned or of the Community;

(b) the trade mark covers a sign of high symbolic value,

in

particular a religious symbol;

(c)

the trade mark includes badges, emblems and escutcheons
other than those covered by Article 6 ter of
the Paris
Convention and which are of public interest, unless the
consent of
the competent authority to their registration
has been given in conformity with the legislation of the
Member State;

‘Earlier trade marks’ within the meaning of paragraph 1

2.
means:

(a)

trade marks of the following kinds with a date of appli­
cation for registration which is earlier than the date of
the trade mark,
application for
taking
registration of
account, where appropriate, of
the priorities claimed in
respect of those trade marks;

(i) Community trade marks;

(ii) trade marks registered in the Member State or, in the
case of Belgium, Luxembourg or the Netherlands, at the
Benelux Office for Intellectual Property;

L 299/28

EN

Official Journal of the European Union

8.11.2008

(iii) trade marks registered under international arrangements

(i) a right to a name;

which have effect in the Member State;

(b) Community trade marks which validly claim seniority,

in
accordance with Council Regulation (EC) No 40/94 (1) of
20 December 1993 on the Community trade mark, from
a trade mark referred to in (a)(ii) and (iii), even when the
latter trade mark has been surrendered or allowed to lapse;

(c) applications for the trade marks referred to in points (a) and

(b), subject to their registration;

(d) trade marks which, on the date of application for regis­
tration of the trade mark, or, where appropriate, of the
priority claimed in respect of the application for registration
of the trade mark, are well known in a Member State, in
the sense in which the words ‘well known’ are used in
Article 6 bis of the Paris Convention.

A trade mark shall furthermore not be registered or,

if
3.
registered, shall be liable to be declared invalid if it is identical
with, or similar to, an earlier Community trade mark within the
meaning of paragraph 2 and is to be, or has been, registered for
goods or services which are not similar to those for which the
earlier Community trade mark is registered, where the earlier
Community trade mark has a reputation in the Community and
where the use of the later trade mark without due cause would
take unfair advantage of, or be detrimental to, the distinctive
character or the repute of the earlier Community trade mark.

4.
Any Member State may, in addition, provide that a trade
mark shall not be registered or, if registered, shall be liable to be
declared invalid where, and to the extent that:

(a)

the trade mark is identical with, or similar to, an earlier
national trade mark within the meaning of paragraph 2
and is to be, or has been, registered for goods or services
which are not similar to those for which the earlier trade
mark is registered, where the earlier trade mark has a repu­
tation in the Member State concerned and where the use of
the later trade mark without due cause would take unfair
advantage of, or be detrimental to, the distinctive character
or the repute of the earlier trade mark;

(b) rights to a non-registered trade mark or to another sign
used in the course of
trade were acquired prior to the
date of application for registration of the subsequent trade
mark, or the date of the priority claimed for the application
for registration of the subsequent trade mark, and that non-
registered trade mark or other sign confers on its proprietor
the right to prohibit the use of a subsequent trade mark;

(c)

the use of the trade mark may be prohibited by virtue of an
earlier right other than the rights referred to in paragraph 2
and point (b) of this paragraph and in particular:

(1) OJ L 11, 14.1.1994, p. 1.

(ii) a right of personal portrayal;

(iii) a copyright;

(iv) an industrial property right;

(d) the trade mark is identical with, or similar to, an earlier
collective trade mark conferring a right which expired
within a period of a maximum of three years preceding
application;

(e)

(f)

the trade mark is identical with, or similar to, an earlier
guarantee or certification mark conferring a right which
expired within a period preceding application the length
of which is fixed by the Member State;

the trade mark is identical with, or similar to, an earlier
trade mark which was registered for identical or similar
goods or services and conferred on them a right which
has expired for failure to renew within a period of a
maximum of two years preceding application, unless the
proprietor of the earlier trade mark gave his agreement
for the registration of the later mark or did not use his
trade mark;

(g) the trade mark is liable to be confused with a mark which
was in use abroad on the filing date of the application and
which is still in use there, provided that at the date of the
application the applicant was acting in bad faith.

The Member States may permit

5.
in appropriate
circumstances registration need not be refused or the trade
mark need not be declared invalid where the proprietor of
the earlier trade mark or other earlier right consents to the
registration of the later trade mark.

that

Any Member State may provide that, by derogation from
6.
paragraphs 1 to 5, the grounds for refusal of registration or
invalidity in force in that State prior to the date of the entry
into force of the provisions necessary to comply with Directive
89/104/EEC, shall apply to trade marks for which application
has been made prior to that date.

Article 5

Rights conferred by a trade mark

1.
The registered trade mark shall confer on the proprietor
exclusive rights therein. The proprietor shall be entitled to
prevent all third parties not having his consent from using in
the course of trade:

(a) any sign which is identical with the trade mark in relation
to goods or services which are identical with those for
which the trade mark is registered;

8.11.2008

EN

Official Journal of the European Union

L 299/29

(b) any sign where, because of its identity with, or similarity to,
the trade mark and the identity or similarity of the goods or
services covered by the trade mark and the sign, there exists
a likelihood of confusion on the part of the public; the
likelihood of confusion includes the likelihood of associa­
tion between the sign and the trade mark.

2.
Any Member State may also provide that the proprietor
shall be entitled to prevent all third parties not having his
consent from using in the course of trade any sign which is
identical with, or similar to, the trade mark in relation to goods
or services which are not similar to those for which the trade
mark is registered, where the latter has a reputation in the
Member State and where use of that sign without due cause
takes unfair advantage of, or is detrimental to, the distinctive
character or the repute of the trade mark.

of goods or of rendering of the service, or other characte­
ristics of goods or services;

(c)

the trade mark where it is necessary to indicate the intended
purpose of a product or service, in particular as accessories
or spare parts;

provided he uses them in accordance with honest practices in
industrial or commercial matters.

2.
The trade mark shall not entitle the proprietor to prohibit
a third party from using, in the course of trade, an earlier right
which only applies in a particular locality if
is
recognised by the laws of the Member State in question and
within the limits of the territory in which it is recognised.

that right

The following,

3.
graphs 1 and 2:

inter alia, may be prohibited under para­

Article 7

(a) affixing the sign to the goods or to the packaging thereof;

(b) offering the goods, or putting them on the market or
that sign, or

these purposes under

stocking them for
offering or supplying services thereunder;

(c)

importing or exporting the goods under the sign;

(d) using the sign on business papers and in advertising.

4. Where, under the law of the Member State, the use of a
sign under the conditions referred to in paragraph 1(b) or
paragraph 2 could not be prohibited before the date of entry
into force of the provisions necessary to comply with Directive
89/104/EEC in the Member State
rights
conferred by the trade mark may not be relied on to prevent
the continued use of the sign.

concerned,

the

Paragraphs 1 to 4 shall not affect provisions in any
5.
Member State relating to the protection against the use of a
sign other than for the purposes of distinguishing goods or
that sign without due cause takes
services, where use of
unfair advantage of, or
the distinctive
to,
is detrimental
character or the repute of the trade mark.

Exhaustion of the rights conferred by a trade mark

The trade mark shall not entitle the proprietor to prohibit
1.
its use in relation to goods which have been put on the market
in the Community under that trade mark by the proprietor or
with his consent.

2.
Paragraph 1 shall not apply where there exist legitimate
reasons for the proprietor to oppose further commercialisation
of the goods, especially where the condition of the goods is
changed or impaired after they have been put on the market.

Article 8

Licensing

1.
A trade mark may be licensed for some or all of the goods
or services for which it is registered and for the whole or part of
the Member State concerned. A licence may be exclusive or
non-exclusive.

2.
The proprietor of a trade mark may invoke the rights
conferred by that trade mark against a licensee who contravenes
any provision in his licensing contract with regard to:

(a)

its duration;

Article 6

(b) the form covered by the registration in which the trade

mark may be used;

Limitation of the effects of a trade mark

The trade mark shall not entitle the proprietor to prohibit

1.
a third party from using, in the course of trade:

(c)

the scope of the goods or services for which the licence is
granted;

(a) his own name or address;

(d) the territory in which the trade mark may be affixed; or

(b) indications concerning the kind, quality, quantity, intended
purpose, value, geographical origin, the time of production

(e)

the quality of the goods manufactured or of the services
provided by the licensee.

L 299/30

EN

Official Journal of the European Union

8.11.2008

Article 9

Limitation in consequence of acquiescence

1. Where,
in a Member State, the proprietor of an earlier
trade mark as referred to in Article 4(2) has acquiesced, for a
period of five successive years, in the use of a later trade mark
registered in that Member State while being aware of such use,
he shall no longer be entitled on the basis of the earlier trade
mark either to apply for a declaration that the later trade mark
is invalid or to oppose the use of the later trade mark in respect
of the goods or services for which the later trade mark has been
used, unless registration of the later trade mark was applied for
in bad faith.

2.
Any Member State may provide that paragraph 1 shall
apply mutatis mutandis to the proprietor of an earlier trade
mark referred to in Article 4(4)(a) or an other earlier right
referred to in Article 4(4)(b) or (c).

In the cases referred to in paragraphs 1 and 2,

the
3.
registered trade mark shall not be
proprietor of a later
entitled to oppose the use of the earlier right, even though
that right may no longer be invoked against the later trade
mark.

Article 10

Use of trade marks

If, within a period of five years following the date of the
1.
completion of the registration procedure, the proprietor has not
put the trade mark to genuine use in the Member State in
connection with the goods or services in respect of which it
is registered, or if such use has been suspended during an
the trade mark shall be
five years,
uninterrupted period of
subject to the sanctions provided for in this Directive, unless
there are proper reasons for non-use.

The following shall also constitute use within the meaning of
the first subparagraph:

(a) use of the trade mark in a form differing in elements which
do not alter the distinctive character of the mark in the
form in which it was registered;

(b) affixing of the trade mark to goods or to the packaging
thereof in the Member State concerned solely for export
purposes.

2.
Use of the trade mark with the consent of the proprietor
or by any person who has authority to use a collective mark or
a guarantee or certification mark shall be deemed to constitute
use by the proprietor.

In relation to trade marks registered before the date of
the

3.
entry into force in the Member State concerned of
provisions necessary to comply with Directive 89/104/EEC:

(a) where a provision in force prior to that date attached
sanctions to non-use of a trade mark during an uninter­
rupted period, the relevant period of five years mentioned
in the first subparagraph of paragraph 1 shall be deemed to
have begun to run at the same time as any period of non-
use which is already running at that date;

(b) where there was no use provision in force prior to that date,
the periods of five years mentioned in the first subparagraph
of paragraph 1 shall be deemed to run from that date at the
earliest.

Article 11

Sanctions for non-use of a trade mark in legal or
administrative proceedings

1.
A trade mark may not be declared invalid on the ground
that there is an earlier conflicting trade mark if the latter does
not fulfil the requirements of use set out in Article 10(1) and
(2), or in Article 10(3), as the case may be.

2.
Any Member State may provide that registration of a trade
mark may not be refused on the ground that there is an earlier
conflicting trade mark if
the
the
requirements of use set out in Article 10(1) and (2) or in
Article 10(3), as the case may be.

latter does not

fulfil

3. Without prejudice to the application of Article 12, where
a counter-claim for revocation is made, any Member State may
provide that a trade mark may not be successfully invoked in
infringement proceedings if it is established as a result of a plea
that the trade mark could be revoked pursuant to Article 12(1).

4.
If the earlier trade mark has been used in relation to part
only of the goods or services for which it is registered, it shall,
for purposes of applying paragraphs 1, 2 and 3, be deemed to
be registered in respect only of
the goods or
services.

that part of

Article 12

Grounds for revocation

A trade mark shall be liable to revocation if, within a
1.
continuous period of
to
genuine use in the Member State in connection with the
goods or services in respect of which it
is registered, and
there are no proper reasons for non-use.

it has not been put

five years,

However, no person may claim that the proprietor’s rights in a
trade mark should be revoked where, during the interval
between expiry of the five-year period and filing of the appli­
cation for revocation, genuine use of the trade mark has been
started or resumed.

8.11.2008

EN

Official Journal of the European Union

L 299/31

The commencement or resumption of use within a period of
three months preceding the filing of the application for revo­
cation which began at the earliest on expiry of the continuous
five years of non-use shall be disregarded where
period of
resumption occur
the commencement or
preparations
only after the proprietor becomes aware that the application
for revocation may be filed.

for

2. Without prejudice to paragraph 1, a trade mark shall be
liable to revocation if, after the date on which it was registered:

(a)

in consequence of acts or inactivity of the proprietor, it has
become the common name in the trade for a product or
service in respect of which it is registered;

(b) in consequence of the use made of it by the proprietor of
the trade mark or with his consent in respect of the goods
or services for which it is registered, it is liable to mislead
the public, particularly as to the nature, quality or geogra­
phical origin of those goods or services.

Article 13

Grounds for refusal or revocation or invalidity relating to
only some of the goods or services

Where grounds for refusal of registration or for revocation or
invalidity of a trade mark exist in respect of only some of the
goods or services for which that trade mark has been applied
for or registered, refusal of registration or revocation or inva­
lidity shall cover those goods or services only.

Article 14

Establishment a posteriori of invalidity or revocation of a
trade mark

Where the seniority of an earlier trade mark which has been
surrendered or allowed to lapse is claimed for a Community
trade mark, the invalidity or revocation of the earlier trade mark
may be established a posteriori.

By way of derogation from Article 3(1)(c), Member States
2.
may provide that signs or indications which may serve, in trade,
to designate the geographical origin of the goods or services
may constitute collective, guarantee or certification marks. Such
a mark does not entitle the proprietor to prohibit a third party
from using in the course of trade such signs or indications,
provided he uses them in accordance with honest practices in
industrial or commercial matters; in particular, such a mark may
not be invoked against a third party who is entitled to use a
geographical name.

Article 16

Communication

Member States shall communicate to the Commission the text
of the main provisions of national
law adopted in the field
governed by this Directive.

Article 17

Repeal

Directive 89/104/EEC, as amended by the Decision listed in
Annex I, Part A, is repealed, without prejudice to the obligations
of the Member States relating to the time limit for transposition
into national law of that Directive, set out in Annex I, Part B.

References to the repealed Directive shall be construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex II.

Article 18

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 19

Addressees

Article 15

This Directive is addressed to the Member States.

Special provisions in respect of collective marks, guarantee
marks and certification marks

1. Without prejudice to Article 4, Member States whose laws
authorise the registration of collective marks or of guarantee or
certification marks may provide that such marks shall not be
registered, or shall be revoked or declared invalid, on grounds
additional to those specified in Articles 3 and 12 where the
function of those marks so requires.

Done at Strasbourg, 22 October 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J.-P. JOUYET

L 299/32

EN

Official Journal of the European Union

8.11.2008

ANNEX I

PART A

Repealed Directive with its amendment

(referred to in Article 17)

Council Directive 89/104/EEC

(OJ L 40, 11.2.1989, p. 1)

Council Decision 92/10/EEC

(OJ L 6, 11.1.1992, p. 35)

PART B

Time limit for transposition into national law

(referred to in Article 17)

Directive

Time limit for transposition

89/104/EEC

31 December 1992

8.11.2008

EN

Official Journal of the European Union

L 299/33

ANNEX II

Correlation table

Directive 89/104/EEC

This Directive

Article 1

Article 2

Article 1

Article 2

Article 3(1)(a) to (d)

Article 3(1)(a) to (d)

Article 3(1)(e), introductory wording

Article 3(1)(e), introductory wording

Article 3(1)(e), first indent

Article 3(1)(e), second indent

Article 3(1)(e), third indent

Article 3(1)(f), (g) and (h)

Article 3(2), (3) and (4)

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10(1)

Article 10(2)

Article 10(3)

Article 10(4)

Article 11

Article 12(1), first sentence

Article 12(1), second sentence

Article 12(1), third sentence

Article 12(2)

Article 13

Article 14

Article 15

Article 16(1) and (2)

Article 16(3)

—

—

Article 17

—

—

Article 3(1)(e)(i)

Article 3(1)(e)(ii)

Article 3(1)(e)(iii)

Article 3(1)(f), (g) and (h)

Article 3(2), (3) and (4)

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10(1), first subparagraph

Article 10(1), second subparagraph

Article 10(2)

Article 10(3)

Article 11

Article 12(1), first subparagraph

Article 12(1), second subparagraph

Article 12(1), third subparagraph

Article 12(2)

Article 13

Article 14

Article 15

—

Article 16

Article 17

Article 18

Article 19

Annex I

Annex II