Jurisdiction(s):
European Union

EU trade mark infringement defences: Article 14 limitations, honest practices, descriptive/referential use, intended purpose/spare parts, exhaustion, later marks, earlier local rights, acquiescence, and validity or revocation challenges

Published by a LexisNexis EU Law expert

Practice notes

Defences and exceptions to infringement of EUTMs

An EU trade mark (EUTM) is a single registration that covers every EU Member State. For more on the EUTM regime, see Practice Notes: EU trade marks (EUTMs) and EU trade marks—legislation.

Holding an EUTM grants the proprietor the exclusive right to bar others from using the same or a similar mark in the EU without consent. A trade mark owner can bring infringement proceedings for unauthorised use; for details, see Practice Note: Trade mark infringement—EU.

To keep competition in the market place open and fair, there are various defences and exceptions to infringement. This Practice Note examines how these apply to EUTMs. In particular, it addresses:

limitations on the effects of an EUTM
exhaustion of the rights conferred by an EUTM
the intervening right of the proprietor of a later‑registered trade mark as a defence in infringement proceedings
prior rights applicable to particular localities
other defensive strategies, including claims concerning honest concurrent use, consent/exhaustion of rights and validity, and...

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Web page updated on 21/05/2026

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