Action by the Customs authority
A distinction must be made between the community procedure under Regulation (EU) No 608/2013, which permits Customs action where a case is suspected, and the seizure procedure under national legislation in accordance with the German Act on the Protection of Trade Marks and other Symbols, Section 151, which puts the obvious infringement of protected rights at the initiation of any action.
Procedure according to Regulation (EU) No 608/2013
Under Regulation (EU) No 608/2013 action may only be taken pursuant to the legislation applying to the following scopes:
- Agricultural products and foodstuffs (Regulation (EC) No 1151/2012)
- Wine (Regulation (EU) No 1308/2013 and Regulation (EC) No 607/209)
- aromatised wine-based drinks (Regulation (EU) No 251/2014)
- Spirit drinks (Regulation (EC) No 2019/787 and Regulation (EC) No 936/2009)
- The Solingen Ordinance (Solingenverordnung) - (German Federal Gazette I one, page 3833)
- Agreements/arrangements between the EU and third countries
There is one major difference, though: while it is possible to make an application for action by the customs authorities in one or several Member States under the legislation applying to different types of product, action under the Solingen Ordinance is an exception. Here customs action is restricted to a single Member State, Federal Republic of Germany.
More information about action by the Customs pursuant to Regulation (EU) No 608/2013
One major difference is that with respect to agricultural products and foodstuffs, spirit drinks, and wine an application can be made for the Customs authorities to take action in one member state, but also in a number of member states.
Under the Solingen Ordinance though, the Customs authorities can take action only in the Federal republic of Germany.
Seizure procedure under Article 151 of the Trade Mark Act
Under national legislation action can be taken relating to the following fields of legislation:
- Immediate and indirect geographical indications within the meaning of the Trade Mark Act
- Bilateral agreements (Federal Republic of Germany and other countries)
- The Cheese Regulation
Unlike the action of the Customs authorities under Community regulations, in these cases it is not possible to apply for Customs action.
Goods that unlawfully bear geographical indications can be seized without there being an applicant.
In such cases the German Customs authority seizes the goods pursuant to Article 151 of the Trade Mark Act on their own initiative in order to remove the unlawful indications.
