40Secondly, as regards the scheme of Article 5 of Directive 2008/95, it should be noted that Article 5(3), which lists in a non-exhaustive manner the types of use which the trade mark proprietor may prohibit (see judgment in Google France et Google, C‑236/08 to C‑238/08, EU:C:2010:159, paragraph 65 and the case-law cited), refers exclusively to active behaviour on the part of the third party, such as that of ‘affixing’ the sign on the goods and their packaging or ‘using’ it in business papers and advertising, ‘offering’ the goods, ‘putting them on the market’ or ‘stocking’ them for those purposes, ‘importing’ or ‘exporting’ them or ‘offering’ or ‘supplying’ services under that sign.
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