Parallel imports in the EU: what beauty brands can and cannot stop

Few topics cause more confusion for brand owners than parallel imports. Some sellers can legally resell your genuine products anywhere in Europe. Others cannot. The difference comes down to one question: where was the product first put on the market, and did you agree to it?

The principle of EU exhaustion

Under EU trademark law, once a genuine product has been placed on the market anywhere in the European Economic Area by the brand owner, or with its consent, the trademark rights in that specific item are exhausted. A retailer who bought your cream in Poland may resell it in Germany or the Netherlands, and you generally cannot use your trademark to stop that. This is the free movement of goods working as intended.

Exhaustion is regional, not international. The Court of Justice confirmed in Silhouette (1998) that member states may not apply worldwide exhaustion. That single point is where most of a brand owner’s leverage sits.

What you can usually act against

• Goods first sold outside the EEA. Products intended for the US, the Middle East, Turkey or Asia and imported into Europe without your consent are not exhausted. Your trademark can be enforced against them.
• Altered or impaired products. Repackaged, relabelled, decoded or damaged goods can give you a legitimate reason to oppose further sale, even inside the EEA.
• Missing mandatory information. Cosmetics sold in the EU need labelling in the local language, a responsible person and compliant ingredient lists. Products lacking these raise both trademark and regulatory questions.
• Misleading presentation. A seller who suggests an official relationship that does not exist, or presents your brand in a way that seriously damages its reputation, can be challenged.

What you usually cannot stop

Genuine, unaltered goods first sold in the EEA with your consent can move freely between member states. You also cannot impose resale prices on independent sellers: EU competition law treats resale price maintenance as a serious restriction. A sound strategy accepts these limits and works within them.

The practical answer: structure, evidence and one official seller

Most brands do not have a parallel import problem. They have a visibility problem. They do not know which listings carry non-EEA stock, which sellers relabel, or where their own distributors are leaking product. The work starts with evidence:

1. Map every seller on Amazon, bol, Kaufland, Galaxus and TikTok Shop, with test purchases where needed.
2. Trace origin through batch codes, packaging language and labelling to separate EEA stock from imports.
3. Act where the law supports it, through marketplace brand tools, customs applications and, where necessary, IP counsel.
4. Close the gap with an official seller who offers the best listing, the best service and the most reliable stock, so customers have a clear reason to buy from the source.

This article is general information, not legal advice. Every case depends on the facts, the product and the member state. Speak to qualified IP counsel before taking enforcement action.