How Brexit will impact the sale of trademarked beauty products

Published: 27-Oct-2017

Cosmetics Business explores how UK leaving the European Union will impact beauty brands, retailers and consumers

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Emma Roe is the Head of Intellectual Property at UK law firm Shulmans LLP. Here she reveals to Cosmetics Business for Brexit will impact trademarked goods, for consumers and for brands.


Emma Roe

Emma Roe

"There are many issues to be resolved in preparation for Brexit, but one matter that could have a huge impact on the cosmetics industry concerns the little-known concept of trademark “exhaustion”.

Trademark exhaustion governs the ability to buy a genuine, branded product and resell it under that brand name.

At present the UK is subject to trademark exhaustion rules which apply within the European Economic Area (EEA).

These rules apply ‘regional’ exhaustion, which

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