9.

Where the register is amended, the exclusive rights conferred by the EU trade mark under Article 9 shall not prevent a third party from continuing to use a trade mark in relation to goods or services where and to the extent that the use of the trade mark for those goods or services: commenced before the register was amended; and did not infringe the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as consolidated on 2025-12-01; changes after this date are not shown.