Exhausting exhaustion – where does trade mark protection end?
Trade marks grant their owner the exclusive right to offer the goods for which the trade mark is registered. Once the original goods are placed on the market within the European Economic Area (“EEA”), this right is however exhausted, meaning that the trade mark owner cannot oppose the further distribution of its products based on trade mark rights. This principle of exhaustion, stipulated in Art. 15 (1) EUTMR, has an…

