TRADEMARK EXHAUSTION IN EUROPEAN UNION
The author analyzes the exhaustion of the trademark in the European
Union. The subject of the analysis will be the provisions of the primary
sources of EU law, the provisions of secondary sources of EU law, as well as
the practice of the European Court of Justice.
EU Member States have a national trade mark protection system and at EU
level there is a regulation establishing a supranational trademark protection
system. Parallel existence of these systems and their application in practice
must be harmonized in such a way as to enable the smooth movement of goods
and services in the internal market.
The institute is the exhaust of the trademark is a form of legal restriction on
the subjective right of the trademark holder. Since the national exhaustion of the
trademark clears the internal market to the extent that there is a Member State in
the EU, a system of regional exhaustion of the trademark has been introduced.