With the article 30th of TEEC (The Treaty Establishing the European Community), the interests of the intellectual property owners are protected. Yet, efforts are exerted and various treaties are made all over the world in order to counteract the obstacles before free movement though it is clear that the protection granted to the intellectual right holder as mentioned above will restrain the free movement considerably. The reason is that the protection of exclusive rights rising from the intellectual property rights despite the presence of the free movement principle of the goods explicitly and strictly applicable in the EU will effect the intra-EU trade to a considerable extent. Thus, the free movement of various goods will die out. This situation also can be defi ned as the coming across of absolute rights of the owner on trade mark and the property rights of the new owners of the good that the trade mark concreted on, especially for the distributors which buy these in order to re- sale. Ultimately, a principle has been created which aims to establish a balance between free trade which is one of the core principles of the EU and intellectual property protection. This principle is called the trade mark right exhaustion principle. Trademark right exhaustion is a sort of limitation which is brought to the authority of the proprietor of trademark right. The right of usage of trademark is given to licensee in case of the relationship between the trademark right owner and the third person offering the good with the trade mark to the market is as a license agreement. Accordingly, the rights in the goods bearing the trademark which have been introduced to the market after being manufactured in compliance with the license agreement by the licensee will also be exhausted.