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Which goods cannot be concerned by an application under Community legislation?

  • Goods being traded between Member States of the European Union insofar as they are no longer under customs supervision.
  • Lawfully labelled or licensed authentic goods that have been put into circulation and are intended to be imported from or exported via third countries circumventing contractually specified distribution channels (known as parallel or grey imports).
  • Goods that have been produced by an authorised manufacturer, but in a quantity exceeding that agreed by the right-holder and the manufacturer (known as over-runs).
  • Counterfeit goods without commercial character in a traveller’s own luggage if, considering the type and quantity of goods, the individual concerned, or other circumstances, they do not give any indications that the counterfeit goods are intended for commercial use.
  • Trade marks which are entitled to protection pursuant to Sections 4(2) and (3) of the German Trade Marks Act. This entitlement does not accrue because the trade mark has been registered, but because of a mark’s use in the course of trade, its commercial value, and it being a company name.

However, for items 1, 2, 3, and 5, it is possible to submit an application under national legislation using ZGR-online.

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