37The Court has, however, already had occasion to point out that, according to its ordinary meaning, the expression ‘using’ involves active behaviour and direct or indirect control of the act constituting the use. In that regard, it has noted that Article 9(2) of Regulation No 207/2009, the substance of which is reproduced in Article 9(3) of Regulation 2017/1001, which lists in a non-exhaustive manner the types of use which the trade mark proprietor may prohibit, refers exclusively to active behaviour on the part of the third party (see, to that effect, judgments of 3 March 2016, Daimler, C‑179/15, EU:C:2016:134, paragraphs 39 and 40, and of 25 July 2018, Mitsubishi Shoji Kaisha and Mitsubishi Caterpillar Forklift Europe, C‑129/17, EU:C:2018:594, paragraph 38).
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