ORGANIZACIÓN MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IP/N/1/EEC/T/1 
3 de abril de 1996 
(96-1211) 
Original: español/francés/inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Comunidades Europeas 
En el presente documento se reproduce el texto de la primera directiva del Consejo 89/104/CEE 
de 21 de diciembre de 1988 relativa a la aproximación de las legislaciones de los Estados miembros 
en materia de marcas, notificado por las Comunidades Europeas en virtud de lo dispuesto en el párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/EEC/l/Rev.l). IP 1Nl lIEEC/T 11 
Page 2 
11. 2. 89 Official Journal of the European Communities No L 40/1 
II 
(Acts whose publication is not obligatory) 
COUNCIL 
FIRST COUNCIL DIRECTIVE 
of 21 December 1988 
to approximate the laws of the Member States relating to trade marks 
(891104/EEC) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission (1), 
In cooperation with the European Parliament (2), 
Having regard to the opinion of the Economic and Social 
Committee (3), 
Whereas the trade mark laws at present applicable in the 
Member States contain disparities which may impede the free 
movement of goods and freeaom to provide services and may 
distort competition within the common market; whereas it is 
therefore necessary, in view of the establishment and 
functioning of the internal market, to approximate the laws 
of Member States; 
Whereas it is important not to disregard the solutions and 
advantages which the Community trade mark system may 
afford to undertakings wishing to acquire trade marks; 
Whereas it does not appear to be necessary at present to 
undertake full-scale approximation of the trade mark laws of 
the Member States and it will be sufficient if approximation is 
(1) OJ No C 351, 31. 12. 1980, p. 1 and OJ No C 351, 
31. 12. 1985, p. 4. 
(2) OJ No C 307, 14. 11. 1983, p. 66 and OJ No C 309, 
5. 12. 1988. 
(3) OJ No C 310,30.11. 1981, p.22. limited to those national prOVlSlons of law which most 
directly affect the functioning of the internal market; 
Whereas the Directive does not deprive the Member States of 
the right to continue to protect trade marks acquired through 
use but takes them into account only in regard to the 
relationship between them and trade marks acquired by 
registration; 
Whereas Member States also remain free to fix the provisions 
of procedure concerning the registration, the revocation and 
the iilValidity of trade marks acquired by registration; 
whereas they can, for example, determine the form of trade 
mark registration and invalidity procedures, decide whether 
earlier rights should be invoked either in the registration 
procedure or in the invalidity procedure or in both and, if 
they allow earlier rights to be invoked in the registration 
'procedure, have an opposition procedure or an ex officio 
examination procedure or both; whereas Member States 
remain free to determi'ne the effects of revocation or 
'invalidity of trade marks; 
Whereas this Directive does 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 
competit~on, civil liability or consumer protection; 
Whereas attainment of the objectives at which this 
approximation of laws is aiming requires that the conditions 
for obtaining and continuing to hold a registered trade mark 
are, in general, identical in all Member States; whereas, 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; whereas the grounds for IP 1Nl 1 IEEC/T 11 
Page 3 
No L 40/2 Official Journal of the European ,Communities 11. 2. 89 
refusal or invalidity concerning the trade mark itself, for 
example, the absence of any distinctive character, or 
concerning conflicts between the trade mark and earlier 
rights, are to be listed in an exhaustive manner, even if some 
of these grounds are listed as an option for the Member States 
which will therefore be able to maintain or introduce those 
grounds in their legislation; whereas Member States will be 
able to maintain or introduce into their legislation grounds of 
refusal or invalidity linked to conditions for obtaining 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; 
Whereas in order to reduce the total number of trade 
marks registered and protected in the COJIlmunity and, 
consequently, the number of conflicts which arise between 
them, it is essential to require that registered trade marks 
must actually be used or, if not used, be subject to revocation; 
whereas 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 remain free to apply the 
same principle in respect of the registration of a trade mark or 
to 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; whereas in all 
these cases it is. up to the Member States to establish the 
applicable rules of procedure; 
Whereas it is fundamental, in order to facilitate the free 
circulation of goods and services, to ensure that henceforth 
registered trade marks enjoy the same protection under the 
legal systems of all the Member States; whereas this should 
however not prevent the Member States from granting at 
their option extensive protection to those trade marks which 
have a reputation; 
Whereas 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, is absolute in the case of 
identity between the mark and the sign and goods or services; 
whereas the protection applies also in case of similarity 
between the mark and the sign and the goods or 
services; whereas it is indispensable to give an interpretation 
of the concept of similarity in relation to the likelihood of 
confusion; whereas 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, of the association which can be made with the used 
or registered sign, of the degree of similarity between the 
trade mark and the sign and between the goods or services 
identified, constitutes the specific condition for such 
protection; whereas the ways in which likelihood of 
confusion may be established, and in particular the onus of 
proof, are a matter for national procedural rules which are 
not prejudiced by the Directive; 
Whereas 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 length of time, 
unless the application for the subsequent trade mark was 
made in bad faith; 
Whereas all Member States of the Community are bound by 
the Paris Convention for the Protection of Industrial 
Property; whereas it is necessary that the provisions of this 
Directive are entirely consistent with those of the Paris 
Convention; whereas the obligations of the Member States 
resulting from this Convention are not affected by this 
Directive; whereas, where appropriate, the second 
subparagraph of Article 234 of the Treaty is applicable, 
HAS 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 Trade Mark 
Office 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 sign capable of being 
represented graphically, particularly words, including 
personal names, designs, letters, numerals, the shape of 
goods or of their packaging, provided that such signs are 
capable of distinguishing the goods or services of one 
undertaking from those of other undertakings. 
Article 3 
Grounds for refusal or invalidity 
1. The following shall not be registered or if registered 
shall be liable to be declared invalid: 
(a) signs which cannot constitute a trade mark; 
(b) trade marks which are devoid of any distinctive 
character; 
(c) trade marks which consist exclusively of signs or 
indications which may serve, in trade, to designate the 
kind, quality, quantity, intended purpose, value, 
geographical origin, or the time of production of [he 
goods or of rendering of the service, or other 
characteristics of the goods or service; IP IN / 1/EEC/T 11 
Page 4 
11.2.89 Official Journal of the European Communities NoL40/3 
(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: 
the shape which results from the nature of the goods 
themselves, or 
the shape of goods which is necessary to obtain a 
technical result, or 
the shape which gives substantial value to the 
goods; 
(f) trade marks which are contrary to public policy or to 
accepted principles of morality; 
(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 g0.ods or service; 
(h) trade marks which have not been authorized 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'. 
2. Any Member State may 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 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 appropriate authorities to its 
registration has been given in conformity with the 
legislation of the Member State; 
(d) the application for registration of the trade mark was 
made in bad faith by the applicant. 
3. A trade mark shall not be refused registration or be 
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 St·ate may provide that, by derogation 
from the preceding paragraphs, the grounds of refusal of 
registration or invalidity in force in that State prior to the date 
on which the provisions necessary to comply with -this 
Directive enter into force, shall apply to trade marks for 
which application has been made prior to that date. Article 4 
Further grounds for refusal or invalidity concerning conflicts 
with earlier rights 
1. A trade mark shall not be registered or, if registered, 
shall be liable to be declared invalid: 
(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; 
(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, which 
includes the likelihood of association with the earlier 
trade mark. 
2. 'Earlier trade marks' within the meaning of para-
graph 1 means: 
(a) trade marks of the following kinds with a date of 
application for registration which is earlier than the date 
of application for registration of the trade mark, taking 
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 Trade Mark Office; 
(iii) trade marks registered under international 
arrangements which have effect in the Member 
State; 
(b) Community trade marks which validly claim seniority, in 
accordance with the Regulation on the Community trade 
mark, from a trade mark referred to in (a) (ii) and (iii), 
even v,,-hen the latter trade mark has been surrendered or 
allov"'ed to lapse; 
(c) applications for the trade marks referred to in (a) and (b), 
subject to their registration; 
(d) trade marks which, on the date of application for 
registration 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 his of the Paris 
Convention; 
3. A trade mark shall furthermore not be registered or, if 
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. IP/N/lIEEC/T 11 
Page 5 
No L 40/4 Official Journal of the European Communities 11.2.89 
4. Any Member State may furthermore 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 
reputation 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 
paragraphs 2 and 4 (b) and in particular: 
. (i) a right to a name; 
(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) 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; 
(f) 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. 
s. The Member States may permit that 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. 6. 'Any Member State may provide that, by derogation 
from paragraphs 1 to 5, the grounds for refusal of 
registration or invalidity in force in that State prior to the date 
on which the provisions necessary to comply with this 
Directive enter into force, 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; 
(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, which includes the likelihood of association 
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. 
3. The following, inter alia, may be prohibited under 
paragraphs 1 and 2: 
(a) affixing the sign to the goods or to the packaging 
thereof; 
(b) offering the goods, or putting them on the market or 
stocking them for these purposes under that sign, or 
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 1 (b) or 2 could not be 
prohibited before the date on which the provisions necessary 
to comply with this Directive entered into force in the 
Member State concerned, the rights conferred by the trade 
mark may not be relied on to prevent the continued use of the 
sign. JP IN I l/EEC/T 11 
Page 6 
11. 2. 89 Official Journal of the European Communities No L 4015 
5. Paragraphs 1 to 4 shall not affect provisions in any 
Member State relating to the protection against the use of a 
sign other than for the purposes of distinguishing goods or 
services, 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. 
Article 6 
Limitation of the effects of a trade mark 
1. The trade mark shall not e~title the proprietor to 
prohibit a third party from using, in the course of trade, 
(a) his own name or address; 
(b) indications concerning the kind, quality, quantity, 
intended purpose, value, geographical origin, the time 
of production of goods or of rendering of the service, or 
other characteristics 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 that 
right is recognized by the laws of the Member State in 
question and within the limits of the territory in which it is 
recognized. 
Article 7 
Exhaustion of the rights conferred by a trade mark 
1. The trade mark shall not entitle the proprietor to 
prohibit 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 
commercialization 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 license 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 its duration, the form covered by the registration in 
which the trade mark may be used, the scope of the goods or 
services for which the licence is granted, the territory in 
which the trade mark may be affixed, or the quality of the 
goods manufactured or of the services provided by the 
licensee. 
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). 
3. In the cases referred to in paragraphs 1 and 2, the 
proprietor of a later registered trade mark shall not be 
entitled to oppose the use of the earlier right, even though 
that right may no tonger be invoked against the later trade 
mark. 
Article 10 
Use of trade marks 
1. If, within a period of five years following the date of the 
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 
uninterrupted period of five years, the trade mark shall be 
subject to the sanctions provided for in this Directive, unless 
there are proper reasons for non~use. 
2. The following shall also constitute use within the 
meaning of paragraph 1: 
(a) use of the trade mark in a form differing in elements 
\vhich 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. IP/NI 1 IEEC/T/l 
Page 7 
No L 4016 Official Journal of the European Communities 11. 2. 89 
3. 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. 
4. In relation to trade marks registered before the date on 
which the provisions necessary to comply with this Directive 
enter into force in the Member State concerned: 
(a) where a provision in force prior to that date attaches 
sanctions to non-use of a trade mark during an 
uninterrupted period, the relevant period of five years 
mentioned in 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 is no use provision in force prior to that 
date, the periods of five years mentioned in 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 
~dministrative 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), (2) and (3) or in Article 10 (4), 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 latter does not fulfil the 
requirements of use set out in Article 10 (1), (2) and (3) or in 
Article 10 (4), as the case may be. 
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 that part of the 
goods or services. 
Article 12 
Grounds for revocation 
1. A trade mark shall be liable to revocation- if, within a 
continuous period of five years, it has not been put 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; 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 application for revocation, genuine 
use of the trade mark has been started or resumed; the 
commencement or resumption of use within a period of three 
months preceding the filing of the application for revocation 
which began at the earliest on expiry of the continuous period 
of five years of non-use, shall, however, be disregarded 
where preparations for the commencement or resumption 
occur only after the proprietor becomes av.'are that the 
application for revocation may be filed. 
2. A trade mark shall also 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 geographical 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 
invalidity 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. 
Article 15 
Special provisions in respect of collective marks, guarantee 
marks and certification marks 
1. Without prejudice to Article 4, Member States whose 
laws authorize the registration of collective marks or of IP 1Nl 1/EEC/T /1 
Page 8 
11. 2.89 Official Journal of the European Communities No L 4017 
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. 
2. By way of derogation from Article 3 (1) (c), Member 
States 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 parry 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 
National provisions to be adopted pursuant to . this 
Directive 
1. 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. 
They shall immediately inform the Commission thereof. 
2. Acting on a proposal from the Commission, the 
Council, acting by qualified majority, may defer the date 
referred to in paragraph 1 until 31 December 1992 at the 
latest. 
3. Member States shall communicate to the Commission 
the text of the main provisions of national law which they 
adopt in the field governed by this Directive. 
Article 17 
Addressees 
This Directive is addressed to the Member States. 
Done at Brussels, 21 December 1988. 
For the Council 
The President 
V. PAPANDREOU 