Customs Regulation applies to International Trade Marks

In C-203/08 Zino Davidoff SA v Bundesfinanzdirectkion Sudost, the ECJ has held that Reg.1383/03 which permits the seizing of suspected counterfeit goods applies where the registered right is an international trade mark. Doubt had been raised by the German courts as Art.5(4) said that "Where the applicant is the right-holder of a Community trade mark...an application may, in addition to requesting action by the customs authorities of the Member State in which it is lodged, request action by the customs authorities of one or more other Member States", such meant what it said i.e. only owners of Community trade marks could apply. 

However, the ECJ held that it applied also to international trade marks. This arose because the Community had acceded to the Madrid Agreement and Protocol (Reg.1992/2003) and thus, international registered trade marks had become assimilated into Community trade marks. 

This is a victory for common sense.