Source: EURLEX
Language: en
Format: md

##### `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 e r 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

# **DOCUMENTS**

#### **EN 06**

###### Catalogue number : CB-CO-91-531-EN-C ISBN 92-77-77889-X

**Office for Official Publications of** **the** **European Communities**

**L-2985** **Luxembourg**