TRADEMARK EXHAUSTION IN EUROPEAN UNION

Abstract

The author analyzes the exhaustion of the trademark in the EuropeanUnion. The subject of the analysis will be the provisions of the primarysources of EU law, the provisions of secondary sources of EU law, as well asthe practice of the European Court of Justice.EU Member States have a national trade mark protection system and at EUlevel there is a regulation establishing a supranational trademark protectionsystem. Parallel existence of these systems and their application in practicemust be harmonized in such a way as to enable the smooth movement of goodsand services in the internal market.The institute is the exhaust of the trademark is a form of legal restriction onthe subjective right of the trademark holder. Since the national exhaustion of thetrademark clears the internal market to the extent that there is a Member State inthe EU, a system of regional exhaustion of the trademark has been introduced.