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Informative use of the trademark
Art. 156. Use of trademark elements in trade
Journal of Laws 2017.0.776 i.e. - The Act of June 30, 2000 - Industrial Property Law The trademark protection right does not give the holder the right to prohibit the use in trade by other persons:
1) their addresses and surnames or names or other markings which identify a given entrepreneur or his enterprise;
2) markings indicating, in particular, the features and characteristics of the goods, their type, quantity, quality, intended use, origin or date of manufacture or shelf life;
3) registered mark or similar mark, if it is necessary to indicate the intended use of the goods, especially when it comes to the offered spare parts, accessories or services;
4) a registered geographical indication, if the right to use it by these persons results from other provisions of the Act.
2. Using the markings referred to in par. 1 is allowed only if it meets the justified needs of the user and buyers of the goods and at the same time complies with fair practices in production, trade or services.
In order to legally resell, the goods must be marketed by the trademark owner - most often the manufacturer or with his consent, e.g. by the seller. licensed distributor or manufacturer-related entity. The first step of placing the goods on the market is performed by an authorized entity, i.e. the goods cannot be purchased directly from the production plant.
In the next step, the goods must be marketed in the European Economic Area (EEA). The principle of territoriality is introduced by the Polish act with regard to national trademarks as well as the EU law on community trademarks. Exhaustion of the right to a trademark does not protect the purchase of goods, e.g. in Asia and their resale in Poland, even if the goods are original and produced by the trademark owner.
Being sure that we have bought the goods in the EEA, marketed by the rightholder, we can resell them and advertise them for further sale, as the right to the trademark has expired. Once a good is placed on the market, the owner loses the right to invoke his right in relation to that particular good.
All original part numbers used on the store's website are used for information purposes only.