Directive 2015/2436 - Directive 2015/2436 to approximate the laws of the Member States relating to trade marks (recast) - Main contents
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Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (recast)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2015/2436 |
| Original proposal | COM(2013)162  |
| CELEX number i | 32015L2436 |
| Document | 16-12-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 23-12-2015; OJ L 336 p. 1-26 |
| Effect | 12-01-2016; Entry into force Date pub. +20 See Art 56 15-01-2019; Application Partial application See Art 56 |
| End of validity | 31-12-9999 |
| Transposition | 14-01-2019; See Art 54.1 14-01-2023; See Art 54.1 |
23.12.2015 |
EN |
Official Journal of the European Union |
L 336/1 |
DIRECTIVE (EU) 2015/2436 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 2015
to approximate the laws of the Member States relating to trade marks
(Recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
A number of amendments should be made to Directive 2008/95/EC of the European Parliament and of the Council (3). In the interests of clarity, that Directive should be recast. |
(2) |
Directive 2008/95/EC has harmonised central provisions of substantive trade mark law which at the time of adoption were considered as most directly affecting the functioning of the internal market by impeding the free movement of goods and the freedom to provide services in the Union. |
(3) |
Trade mark protection in the Member States coexists with protection available at Union level through European Union trade marks (‘EU trade marks’) which are unitary in character and valid throughout the Union as laid down in Council Regulation (EC) No 207/2009 (4). The coexistence and balance of trade mark systems at national and Union level in fact constitutes a cornerstone of the Union's approach to intellectual property protection. |
(4) |
Further to the Commission's communication of 16 July 2008 on an industrial property rights strategy for Europe, the Commission carried out a comprehensive evaluation of the overall functioning of the trade mark system in Europe as a whole, covering Union and national levels and the interrelation between the two. |
(5) |
In its conclusions of 25 May 2010 on the future revision of the trade mark system in the European Union, the Council called on the Commission to present proposals for the revision of Regulation (EC) No 207/2009 and Directive 2008/95/EC. The revision of that Directive should include measures to make it more consistent with Regulation (EC) No 207/2009, which would thus reduce the areas of divergence within the trade mark system in Europe as a whole, while maintaining national trade mark protection as an attractive option for applicants. In this context, the complementary relationship between the EU trade mark system and national trade mark systems should be ensured. |
(6) |
The Commission concluded in its communication of 24 May 2011 entitled ‘A single market for intellectual property rights’ that in order to meet increased demands from stakeholders for faster, higher quality, more streamlined trade mark registration systems, which are also more consistent, user friendly, publicly accessible and technologically up to date, there is a necessity to modernise the trade mark system in the Union as a whole and adapt it to the internet era. |
(7) |
Consultation and evaluation for the purpose of this Directive has revealed that, in spite of the previous partial harmonisation of national laws, there remain areas where further harmonisation could have a positive impact on competitiveness and growth. |
(8) |
In order to serve the objective of fostering and creating a well-functioning internal market and to facilitate acquiring and protecting trade marks in the Union, to the benefit of the growth and the competitiveness of European businesses, in particular small and medium-sized enterprises, it is necessary to go beyond the limited scope of approximation achieved by Directive 2008/95/EC... |
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