Section 11(4)

The entitlement of the proprietor under subsection (1) is to lapse if— proceedings are initiated in accordance with the European Customs Enforcement Regulation to determine whether the trade mark has been infringed; and during those proceedings evidence is provided by the declarant or the holder of the goods that the proprietor of the trade mark is not entitled to prohibit the placing of the goods on the market in the country of final destination.

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Source: legislation.gov.uk · retrieved 2026-09-04