(1) The proprietor of a trade mark or a commercial designation shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the territory of the Federal Republic of Germany without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation a trade mark or commercial designation which is identical with the trade mark or commercial designation registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark or commercial designation.
(2) The entitlement of the proprietor of the trade mark or commercial designation pursuant to subsection (1) shall lapse if, during the proceedings to determine whether a registered trade mark or commercial designation has been infringed, initiated in accordance with Regulation (EU) No 608/2013 of the European Parliament and the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181 of 29 June 2013, p. 15), evidence is provided by the declarant or the holder of the goods that the proprietor of the registered trade mark or the commercial designation is not entitled to prohibit the placing of the goods on the market in the country of final destination.