The legal framework

This Practice Note explains trade mark law on parallel trade. parallel imports, or ‘grey market’ goods, are genuine goods that are placed on the market by, or with the consent of, the rights holder but are imported for sale into a particular market without the rights holder’s consent. They are not counterfeit or ‘black market’ goods. For information about counterfeit goods, see: Anti-counterfeiting—overview.

Much of the law in this area originated from the Treaty on the Functioning of the European Union (TFEU) and Directive (EU) 2015/2436 (which governs national trade mark registrations in Member States, and is implemented in the UK via the Trade Marks Act 1994 (TMA 1994)).

This Practice Note sets out the law relating to parallel imports in the context of UK trade mark law. It considers when a trade mark owner’s rights will be exhausted and when the right holder is able to prevent grey market goods from being marketed in the UK. It explains the relationship with the EU parallel imports regime following brexit, including the practical implications for products first sold in the