1 Amendments of Constance LE GRIP related to 2013/0089(COD)
Amendment 23 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity,fringing this registered trade mark into the customs territory of the Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging,: (a) come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. ; (b) and are intended to be the subject of commercial activity without being released for free circulation in that territory. Where the goods referred to in the first subparagraph enter and move around the customs territory of the Member State under the customs transit system and where these goods are being transported to a third country in which the trade mark is not registered, it is the importer's responsibility to prove that the goods in question are indeed destined for consumers on the market of said third country.