Exhaustion

The Exhaustion in trademark law refers to the situation in which the trademark owner's exclusive rights to a product are exhausted by the sale of that product. According to the principle of exhaustion, the trademark owner can no longer exercise control over what happens to the product after it has been placed on the market for the first time.

Main principles of exhaustion in trademark law:

1. First placing on the market: Exhaustion occurs when the trademark owner or an authorized party places the product on the market for the first time.
2. Consent of the trademark owner: Exhaustion only occurs if the product is placed on the market with the consent of the trademark owner or an authorized party. Sale without the consent of the trademark owner cannot lead to exhaustion.

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