(1) Any person who infringes the rights of the proprietor of a European Union trade mark in accordance with Article 9 paragraph 1 of the Regulation on the European Union trade mark by using, in trade, despite a prohibition and without the consent of the trade mark proprietor,
1. a sign that is identical to the European Union trade mark for goods or services which are identical to those in respect of which it is registered;
2. a sign if, because of the identity or similarity of the sign to the European Union trade mark and the identity or similarity of the goods or services covered by the European Union trade mark and the sign, there is a likelihood of confusion for the public, including the likelihood of association with the trade mark; or
3. a sign which is identical with or similar to the European Union trade mark for goods or services which are not similar to those for which the European Union trade mark is registered if the latter has a reputation in the Community and the sign is used with the intention without good cause to take unfair advantage of or be detrimental to the distinctive character or the repute of the European Union trade mark
shall be liable to imprisonment of up to three years or a fine.
(2) Section 143 (2) to (6) shall apply accordingly.