Regulation 1994/40 - EC trade mark

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1.

Current status

This regulation was in effect from March 15, 1994 until April 12, 2009.

2.

Key information

official title

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark
 
Legal instrument Regulation
Number legal act Regulation 1994/40
Original proposal COM(1980)635
CELEX number i 31994R0040

3.

Key dates

Document 20-12-1993
Publication in Official Journal 14-01-1994; Special edition in Romanian: Chapter 17 Volume 001,Special edition in Bulgarian: Chapter 17 Volume 001,Special edition in Czech: Chapter 17 Volume 001,Special edition in Slovenian: Chapter 17 Volume 001,Special edition in Swedish: Chapter 17 Volume 002,Special edition in Hungarian: Chapter 17 Volume 001,Special edition in Maltese: Chapter 17 Volume 001,Special edition in Latvian: Chapter 17 Volume 001,Special edition in Polish: Chapter 17 Volume 001,Special edition in Estonian: Chapter 17 Volume 001,Special edition in Slovak: Chapter 17 Volume 001,OJ L 11, 14.1.1994,Special edition in Lithuanian: Chapter 17 Volume 001,Special edition in Finnish: Chapter 17 Volume 002
Effect 15-03-1994; Entry into force Date pub. + 60 See Art 143
End of validity 12-04-2009; Repealed by 32009R0207

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Legislative text

Avis juridique important

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5.

31994R0040

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark

Official Journal L 011 , 14/01/1994 P. 0001 - 0036

Finnish special edition: Chapter 17 Volume 2 P. 0003

Swedish special edition: Chapter 17 Volume 2 P. 0003

COUNCIL REGULATION (EC) No 40/94 of 20 December 1993 on the Community trade mark

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas it is desirable to promote throughout the Community a harmonious development of economic activities and a continuous and balanced expansion by completing an internal market which functions properly and offers conditions which are similar to those obtaining in a national market; whereas in order to create a market of this kind and make it increasingly a single market, not only must be barriers to free movement of goods and services be removed and arrangements be instituted which ensure that competition is not distorted, but, in addition, legal conditions must be created which enable undertakings to adapt their activities to the scale of the Community, whether in manufacturing and distributing goods or in providing services; whereas for those purposes, trade marks enabling the products and services of undertakings to be distinguished by identical means throughout the entire Community, regardless of frontiers, should feature amongst the legal instruments which undertakings have at their disposal;

Whereas action by the Community would appear to be necessary for the purpose of attaining the Community's said objectives; whereas such action involves the creation of Community arrangements for trade marks whereby undertakings can by means of one procedural system obtain Community trade marks to which uniform protection is given and which produce their effects throughout the entire area of the Community; whereas the principle of the unitary character of the Community trade mark thus stated will apply unless otherwise provided for in this Regulation;

Whereas the barrier of territoriality of the rights conferred on proprietors of trade marks by the laws of the Member States cannot be removed by approximation of laws; whereas in order to open up unrestricted economic activity in the whole of the common market for the benefit of undertakings, trade marks need to be created which are governed by a uniform Community law directly applicable in all Member States;

Whereas since the Treaty has not provided the specific powers to establish such a legal instrument, Article 235 of the Treaty should be applied;

Whereas the Community law relating to trade marks nevertheless does not replace the laws of the Member States on trade marks; whereas it would not in fact appear to be justified to require undertakings to apply for registration of their trade marks as Community trade marks; whereas national trade marks continue to be necessary for those undertakings which do not want protection of their trade marks at Community level;

Whereas the rights in a Community trade mark may not be obtained otherwise than by registration, and registration is to be refused in particular if the trade mark is not distinctive, if it is unlawful or if it conflicts with earlier rights;

Whereas the protection afforded by a Community trade mark, the function of which is in particular to guarantee the trade mark as an indication of origin, is absolute in the case of identity between the mark and the sign and the goods or services; whereas the protection applies also in cases of similarity between the mark and the sign and the goods or services; whereas an interpretation should be given of the concept of similarity in relation to the likelihood of confusion;...


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This text has been adopted from EUR-Lex.

6.

Original proposal

 

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