At any time, the applicant shall provide any other useful information he/she may have to
allow the Customs and Excise Authority to make an informed decision.
Where the suspension application is filed by a representative, he/she shall attach proof
of proxy to the application.
The suspension application shall be valid for a period of one year or for the period of
protection that remains where this is less than one year.
The interested party may file, 30 days before the expiry of the above-mentioned
deadline, an application to renew the suspension of the release into free circulation for a
maximum period of one year, provided that this does not exceed the remaining term of
protection.
Article 2: The application shall be filed with the Customs and Excise Authority, which
shall process the file and inform the applicant of the outcome of his/her application,
within no more than 30 days.
While the file is being processed, the Customs and Excise Authority may demand from
the applicant any proof likely to establish his/her rights in the mark.
The applicant shall sign an undertaking based on the model adopted by the Customs and
Excise Authority to:
• inform the Customs and Excise Authority of any change to the elements that
gave rise to the application and, in particular, the loss of his/her right;
• communicate as soon as possible to the Customs Department that implemented
the suspension of the release into free circulation of suspected counterfeit
merchandise, the decisions of the legal authority ruling on the counterfeiting,
as well as any other decision relating to the settlement of the case;
• provide proof to the department that implemented the suspension of the release
into free circulation of suspected counterfeit merchandise, within 10 working
days of the notification of the measure taken:
- of provisional measures ordered by the President of the court;
- or of legal actions brought and the provision of security fixed by the court.
Failure to submit documents proving the above measures or actions within the abovementioned deadline shall result in the merchandise being released ipso jure.