Reuse in the construction sector will become increasingly important. For trademarks on reused construction products, the principle of “Trademark exhaustion” applies, i.e. the sale of used goods is permitted and the existing trademarks must not be altered or removed when the product is offered for sale again after its initial use.
The ATG figurative mark is a certification mark, not a trademark. There are no such clear rules for certification marks, unless the owner of the mark, i.e. the UBAtc, determines these rules and specifies them by amending the regulations governing the use and control of the ATG figurative mark.
To protect the interests of the rightful users of the ATG figurative mark, i.e. the holders of technical approvals, the UBAtc board of administrators clarified that the ATG figurative mark may not be used by entities commercialising reused products for which an approval was issued before their first use.
After all, in its technical approvals, the UBAtc does not make a statement about the continued fitness for use, after their first use, of products covered by technical approvals.
Consequently, the UBAtc’s regulations governing the use and control of the ATG figurative mark has been clarified. The modified regulation applies as of 1 January 2023.
