On March 23, 2016, the EU Regulation 2015/2424 of the European
Parliament and of the Council (the EUTM Regulation) came into force
amending the Community Trademark Regulation and introducing
important changes to the European trademark system.
One of the major changes addresses the thorny question of goods
in transit through EU member countries destined to countries
outside the EU.
According to Article 9(4) of the new EUTM Regulation, EU
trademark owner can prevent all third parties from bringing goods
into the EU, even if the goods are only in transit, if such goods,
including the packaging, come from non-EU countries and bear an
identical or similar mark. However, that entitlement lapses if,
during the proceedings to determine whether the EU trademark is
infringed, the declarant or the holder of the goods provides
evidence that the EU trademark owner is not entitled to prohibit
the placing of the goods on the market of the country of final
destination.
