Let’s take into consideration the case of Red Bull, which charged a competitor for having registered a trademark in the two classes of beverages

It is not always possible to register trademarks composed of geographical names. There are indeed some rules which have to be followed. In this article we speak about some rules affirmed in a judgment which can better clarify the issue.

Article 18, 1) of the EU trademark Regulation n. 2017/1001 provides that: “If, within a period of five years following registration, the proprietor has not put the EU trade mark to genuine use in the Union in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the EU trade mark shall be subject to the sanctions provided for in this Regulation, unless there are proper reasons for non-use”.

The owner of a trademark cannot prevent free circulation of its products after they have been placed on the market: this principle, called exhaustion of the right of a trademark, has some limita-tions. Let’s see them together.