Sebago Inc. and Ancienne Maison Dubois & Fils SA v G-B Unic SA (C-173/98)

Judgment of 1 Jul 1999

law://eu/cjeu/1998/c-173-98/para_21@2026-11-13

21Furthermore, in adopting Article 7 of the Directive, which limits exhaustion of the right conferred by the trade mark to cases where the goods bearing the mark have been put on the market in the Community (in the EEA since the EEA Agreement entered into force), the Community legislature has made it clear that putting such goods on the market outside that territory does not exhaust the proprietor's right to oppose the importation of those goods without his consent and thereby to control the initial marketing in the Community (in the EEA since the EEA Agreement entered into force) of goods bearing the mark. That protection would be devoid of substance if, for there to be exhaustion within the meaning of Article 7, it were sufficient for the trademark proprietor to have consented to the putting on the market in that territory of goods which were identical or similar to those in respect of which exhaustion is claimed.

Sebago Inc. and Ancienne Maison Dubois & Fils SA v G-B Unic SA (C-173/98)

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