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Article 5 of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks and Article 9 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark must be interpreted as meaning that the proprietor of a mark is entitled to oppose a third party, without its consent, removing all the signs identical to that mark and affixing other signs on products placed in the customs warehouse, as in the main proceedings, with a view to importing them or trading them in the European Economic Area (EEA) where they have never yet been marketed.
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Mitsubishi Shoji Kaisha Ltd and Mitsubishi Caterpillar Forklift Europe BV v. Duma Forklifts NV and G.S. International BVBA Directive 2008/95/EC, Art. 5; Regulation (EC) No 207/2009, Art. 9. “Mitsubishi Shoji Kaisha and Mitsubishi Caterpillar Forklift Europe”. IIC 50, 390 (2019). https://doi.org/10.1007/s40319-019-00799-9
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DOI: https://doi.org/10.1007/s40319-019-00799-9