Law On The Extension Of Industrial Property Rights

Original Language Title: Gesetz über die Erstreckung von gewerblichen Schutzrechten

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Law on the extension of industrial property rights (Erstrungsgesetz-ErstrG)

Non-official table of contents

ErstrG

Date of issue: 23.04.1992

Full quote:

" Enforcement act of 23. April 1992 (BGBl. 938), as last amended by Article 2 (10) of the Law of 12. March 2004 (BGBl. I p. 390) has been amended "

:Last modified by Art. 2 para. 10 G v. 12.3.2004 I 390

For details, see Notes

Footnote

(+ + + Text evidence from: 1.5.1992 + + +)
(+ + +)
(+ + + Official Note of the standard provider under EC law:
Implementation of
EGRL 71/98 (CELEX Nr: 398L0071) see G v. 13.12.2001 I 3656 + + +)

Non-official table of contents

Content overview

Part 1
extension
section 1
extension to the area referred to in Article 3 of the agreement
§ 1Extension of industrial property rights and IP rights applications
§ 2Delete of registered trademarks
§ 3Contradiction against registered trademarks
Section 2
Extension of the industrial property rights in the area referred to in Article 3 of the agreement to the rest of the territory of the Federal Republic of Germany.
 Subsection 1
General rules
§ 4 Extension of industrial property rights and protection rights applications
§ 5 Applicable Right
Subsection 2
Special rules for patents
§ 6The effect of granted patents
§ 6aPatent duration
§ 7 Economic Patents
§ 8Not available in German Patents
§ 9User rights on exclusionary patents
§ 10patent logins
§ 11Research
§ 12 Examination of granted patents
§ 13Opposition procedure in special Cases
§ 14Overline of Amending Procedure
§ 15diversion
Subsection 3
(omitted)
§ § 16 to 19 (omitted)
 Subsection 4
Special provisions for trademarks
§ 20Deletion of registered trademarks Trademarks according to § 10 paragraph 2 of the Trademark Law
§ 21Deletion of registered trademarks according to § 11 of the Trademark Law
§ 22Marked mark review
§ 23Announcement of registered trademarks; contradiction
§ 24Protection Duration
§ 25 Trademark Transfer; Trademark Associations
Section 3
Matching Rights; Pre-use and User Rights
Subsection 1
Inventions
§ 26Meeting of rights
§ 27Pre-use rights
§ 28continuing rights
§ 29 Meeting with usage rights in accordance with § 23 of the Patent Law
Subsection 2
Trademark, Trademarks and other tags
§ 30Trademarks and trademarks
§ 31Other license key rights
§ 32continued use right
Part 2
Conversion of origin information in association sign
§ 33 Transform
§ 34Request to transform
§ 35Trademark Law Application
§ 36Meeting of transformed origins and trademarks
§ 37protections of converted origin information
§ 38continued use right
Part 3
(omitted)
§ § 39 to 46 (omitted)
Part 4
Change of laws
§ 47 Amendment of the Trademark Law
§ 48Amendment of the Law on the Fees of the Patent Office and the Patent Court
Part 5
Transitions-and Final rules
§ 49Employees ' inventions
§ 50SchlichtProcedure transfer
§ 51Complaint And Nullity Proceedings override
§ 52Deadlines
§ 53 Charges
§ 54Application of the Act against Unfair Competition and other legislation
§ 55Entry into

Part 1
Extension

Section 1
Extension to the area referred to in Article 3 of the integration contract

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§ 1 Extension of industrial property rights and IP rights applications

(1) The 1. May 1992 in the Federal Republic of Germany with the exception of the industrial property rights (patents, utility models, semiconductor protection rights, trademarks and service marks) in the territory referred to in Article 3 of the Agreement on the integration of the territory of Germany; and Applications for such rights shall be extended to cover the territory referred to in Article 3 of the Agreement, while retaining their seniority.(2) The same shall apply to the applications filed under international agreements with effect for the Federal Republic of Germany, with the exception of the registration and registered or granted rights of protection filed under Article 3 of the Agreement on the Agreement. Non-official table of contents

§ 2 Deletion of registered trade mark

(1) The deletion of a trademark as extended in accordance with § 1, which is based on a in the period of 1. July until the end of the 2nd In accordance with Section 11 (1) (1) of the Trademark Law, a third party may also apply for the sign if the sign is valid for him on the basis of a former Patent Office of the German Democratic Republic has been entered for the same or similar goods or services as filed and extended according to § 4. Such a registration is subject to an internationally registered trademark according to § 4, in accordance with the Madrid Agreement on the international registration of marks.(2) Paragraph 1 shall apply in accordance with Article 10 of the Regulation on the International Registration of Factory or Trade Marks, to applications for the protection of an internationally registered trade mark extended in accordance with § 1. Non-official table of contents

§ 3 Contradiction against registered trademarks

(1) Against the registration of one in the time of 1. July until the end of the 2nd In accordance with Section 5 (4) or § 6a (3) of the Trademark Act, the mark applied to the German Patent Office at the German Patent Office in accordance with § 1 may also object to the person who applies for the same or similar goods or services. in the former Patent Office of the German Democratic Republic (§ 31 of the Trademark Law), which has been registered in accordance with § 4 of the Trade Mark Act, has been notified to the former Patent Office. Such an application is subject to an internationally registered trademark according to § 4 of the Madrid Agreement concerning the international registration of marks.(2) If the German Patent Office has disclosed a sign referred to in paragraph 1 in accordance with Section 5 (2) of the Trademark Law and is the opposition period pursuant to Section 5 (4) or § 6a (3) of the Trademark Law on 1 January 2008, the German Patent Office (German) In the case of a previous mark referred to in paragraph 1, the opposition may still be levied up to three months after the date of expiry of the previous period.(3) Paragraphs 1 and 2 shall apply mutas to contradictions pursuant to § 2 of the Regulation on the International Registration of Factory or Trade Marks, which are levied against an internationally registered trademark as extended in accordance with § 1.

Section 2
Extension of the industrial property rights in the area referred to in Article 3 of the integration contract to the rest of the Federal territory

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Subsection 1
General Rules

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§ 4 Extension of industrial property rights and IP rights applications

(1) May 1992, in the area referred to in Article 3 of the Unification Treaty (exclusive rights and economic patents, trademarks) and applications for such rights, shall be made subject to the retention of their seniority in respect of the territory referred to in the rest of the federal territory.(2) The same shall apply to the applications filed under international agreements with effect for the territory referred to in Article 3 of the Agreement and registered or granted protection rights.(3) In the case of indications of origin registered or registered with effect for the territory referred to in Article 3 of the Agreement, § § 33 to 38 shall apply. Unofficial Table Of Contents

§ 5 Applicable Law

Without prejudice to the following provisions, the commercial Rights of protection and protection of intellectual property rights (Annex I, Chapter III, Section II, Section II, Section 3 (1) of the Agreement of the 31-year-old) August 1990, BGBl. 885, 961), only to the extent that they are the conditions of the protective capacity and the term of protection. In addition, they are subject to the rules of federal law passed on by the agreement.

Subsection 2
Special provisions for patents

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§ 6 Effects of Patents granted

The grant of a patent under the legislation of the German Democratic Republic The publication of the grant of the patent is the same in accordance with Section 58 (1) of the Patent Law. Non-official table of contents

§ 6a Patent duration

The duration of the patents extended in accordance with § 4, which is 31. As soon as the date of application has not expired, it shall be 20 years starting from the date on which the application has been filed. Non-official table of contents

§ 7 Economic Patents

(1) The economic patents covered by Section 4 are considered to be patents for which a License declaration of readiness pursuant to Section 23 (1) sentence 1 of the Patent Law has been issued. This also applies to economic patents, which are due to the agreement of 18. December 1976 on the mutual recognition of copyright certificates and other protective documents for inventions (GBl. 327) have been recognised as having an effect on the territory referred to in Article 3 of the agreement.(2) The proprietor of a patent which has been examined for the existence of all protection requirements may at any time declare in writing to the German Patent and Trademark Office that the declaration of licenship in accordance with paragraph 1 shall be deemed to have been revoked. An indication of this declaration shall be published in the Patent Bulletin. If the difference is not paid within the time limit laid down in the second sentence, it may be paid in the event of a delay of delay until the end of a further four months period. The provisions of Section 17 (3), second sentence, and 3 of the Patent Law shall apply mutatily with the proviso that the expiry of the monthly period of the sentence 3 shall be replaced by the date on which the due date is due.(3) Those who, prior to the publication of the mention of the declaration referred to in the second sentence of paragraph 2, informed the patent proprietor of the intention to use the invention, and in use, or of the events required for use, have been made use of: , shall continue to be entitled to use in the manner indicated by him in the advertisement. Non-official table of contents

§ 8 Patents not in German language

(1) A patent extended in accordance with § 4 is not in the German language , the patent proprietor may not assert the rights arising out of the patent until the date on which a German translation of the patent specification filed by him has been published on his application by the German Patent Office.(2) A reference to the publication of the translation is to be published in the Patent Bulletin and to be noted in the Patent Register.(3) If the translation of the patent specification is defective, the patent proprietor may request the publication of a corrected translation submitted by him. Paragraph 2 shall apply accordingly.(4) The wording of the patent is the binding version. If the translation of the patent is defective, the person who has taken the invention in good faith or has taken real and serious events for the use of the invention shall also be entitled to the publication of the patent. Continue the translation, free of charge, for the needs of its own company in own or other workshops throughout the territory of the Federal Republic, if the use is not in breach of the patent in the incorrect translation of the Patent specification would represent. Non-official table of contents

§ 9 Rights of use of exclusive rights holders

The first sentence of Article 3 (4) of the Law amending the Patent Law and the law on the trademarks of the German Democratic Republic of 29. June 1990 (GBl. No 40 p. 571), the right to continue to use an invention protected by an economic patent converted into an exclusion patent will remain and will be extended to the rest of the territory of the Federal Republic. The patent proprietor shall be entitled to an appropriate remuneration. Non-official table of contents

§ 10 Patent applications

(1) For a patent application as extended in accordance with § 4, one of the disclosure test according to § 42 of the patent law does not take place in accordance with the patent law, the inspection of the disclosure is to be obtained.(2) If the application is not in German language, the German Patent and Trademark Office shall request the applicant to provide a German version of the application within three months. If the German version is not submitted within the time limit, the application shall be deemed to be withdrawn.(3) In the case of a patent application extended in accordance with § 4, if the grant of the patent has not yet been decided, the free access to the files is granted in accordance with Section 31 (2) No. 2 of the Patent Law and the application as a disclosure document published.(4) If a request for examination has been put into effect for a patent application extended in accordance with section 4, it shall be further treated. If the examination has been initiated on its own account, the examination shall only be continued if the applicant places the examination request in accordance with Section 44 (1) and (2) of the Patent Law. Non-official table of contents

§ 11 Research

At the request of the patent proprietor or of a third party, the German Patent Office shall determine whether or not to apply for a patent in accordance with § 4 Patent the public documents which are to be considered for the assessment of the patentability of the invention (search). § 43 (3) to (6) and (7) sentence 1 of the Patent Law shall apply accordingly. Non-official table of contents

§ 12 Examination of granted patents

(1) A patent extended in accordance with § 4, which does not apply to the existence of all The Examination Office of the German Patent and Trade Mark Office (Deutsche Patent-und Markenamt) will examine the protection requirements. The application may be filed by the patent proprietor and by any third party. § 44 (1), (2) and (4) sentence 1 and § 45 of the Patent Law shall apply accordingly; § 44 (3) sentence 1 and 2 of the Patent Law shall be applied accordingly if an application has been filed pursuant to § 11.(2) A request for examination, which has already been effectively filed for a patent extended in accordance with § 4, will be further treated by the Examination Office. An examination of a patent that has already been initiated by the Office will be continued.(3) The examination referred to in paragraphs 1 and 2 shall lead to the maintenance or revocation of the patent. § 58 (1) sentence 1 and 2 of the Patent Act must be applied accordingly. Opposition to the maintenance may be objected to in accordance with § 59 of the Patent Law.(4) In the case of patents within the meaning of paragraph 1, Section 81 (2) of the Patent Law shall not apply.(5) § 130 of the Patent Law shall be applied in accordance with the examination procedures referred to in paragraphs 1 and 2. Non-official table of contents

§ 13 Opposition procedure in special cases

Is the German Patent Office (German Patent Office) a patent in accordance with § 18 (1) or 2 of the Patent Law of the German Democratic Republic, it may take place until the end of the 31 December period. The German Patent Office (German Patent Office) was still objecting to the German Patent Office in July 1992 § § 59 to 62 of the Patent Act are to be applied. Non-official table of contents

§ 14 Overhead of Amending Procedure

Amending procedures in accordance with § 19 of the German Patent Law Democratic Republic, which is 1. May 1992 are still pending at the German Patent Office, the situation in which they are located will be continued as a restriction procedure in accordance with § 64 of the Patent Law. unofficial table of contents

§ 15 diversion

(1) The declaration in accordance with § 5 paragraph 1 sentence 1 of the utility model law may also be used in relation to § 4 Patents or pending patent applications are issued. This shall not apply to patents granted or confirmed by the former Patent Office of the German Democratic Republic after consideration for the existence of all protection requirements.2. In the case of the patents referred to in paragraph 1, the declaration may, until the expiry of two months after the end of the month in which a possible examination procedure or a possible opposition procedure has been concluded, be completed at the latest until the end of the month. the tenth year after the filing date of the patent.(3) Rights pursuant to § 9 or pursuant to § 7 (1) and (3) to use the invention against payment of an appropriate remuneration and further use rights in accordance with § 28 shall also apply in relation to a utility model diverted pursuant to paragraph 1. name="BJNR009380992BJNG000601377 " />

Subsection 3
(omitted)

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§ § 16 to 19 (omitted)

Subsection 4
Special rules for trademarks

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§ 20 Deletion of registered trademarks according to § 10 para. 2 of the trademark law

(1) The erasure of a trademark extended in accordance with § 4 shall be effected ex office or on request pursuant to § 10 para. 2 no. 2 of the Trademark Law only if the mark is both after the legislation to be applied to date as well as the provisions of the Trademark Act are not capable of being protected.(2) Paragraph 1 shall apply mutatily to requests for withdrawal of the protection of an internationally registered trade mark extended pursuant to § 4 of the Regulation on the international registration of factory or commercial brands. Non-official table of contents

§ 21 Deletion of registered trademarks in accordance with § 11 of the Trademark Law

(1) The deletion of a trademark extending according to § 4, which is due to one in the time of 1. July until the end of the 2nd In accordance with Article 11 (1) (1) of the Trademark Law, a third party may also apply for a third party to apply for the same or similar goods on the basis of an application with an old-time period of time. has been entered in the drawing role and has been extended according to § 1. Such a registration shall be subject to an internationally registered trademark, which is extended in accordance with § 1, in accordance with the Madrid Agreement on the international registration of marks.(2) Paragraph 1 shall apply mutatily to requests for withdrawal of the protection of an internationally registered trade mark extended pursuant to § 4 of the Regulation on the international registration of factory or commercial brands. Non-official table of contents

§ 22 Examination of registered trademarks

(1) Trade mark applications extended pursuant to § 4 are subject to the rules of Use of the Trademark Act, unless otherwise specified below.(2) The failure to register may not be based on the fact that the registered mark is a trademark which is not a trademark in accordance with the law on the trade mark.(3) Paragraphs 1 and 2 shall apply mutas to internationally registered trademarks in accordance with the provisions of the Madrid Agreement on the International Registration of Marches, as referred to in § 4. Non-official table of contents

§ 23 Announcement of registered trademarks, contradiction

(1) Trademark applications extended according to § 4, even if a According to § 5 (2) or § 6a (3) of the German Trademark Law, it has already taken place in accordance with the legislation which has been applied to date.(2) Against the registration of the registered marks referred to in paragraph 1 above, according to § 5 (4) sentence 1 no. 1 of the trademark law, the opposition can only rise,
1.
who for the same or similar goods or services a sign matching the signed character (§ 31 of the Trademark Law) with older senials, which according to § 4 , has been registered with the former Patent Office of the German Democratic Republic, or
2.
who, as far as the posted sign is in the period of 1 January 2008, has been registered. July until the end of the 2nd It was registered with the former Patent Office of the German Democratic Republic in October 1990, for the same or similar goods, a sign consistent with the signed sign (Section 31 of the Trademark Law) with an older senient, the in accordance with § 1, has registered with the German Patent Office.
The earlier registrations referred to in paragraph 1 and in point 2 are subject to international registered trademarks in accordance with § 1 or § 4 under the Madrid Agreement on the international registration of trademarks.(3) Paragraphs 1 and 2 shall apply in accordance with Section 2 of the Regulation on the International Registration of Factory or Trade Marks, which are levied against an internationally registered trademark as extended in accordance with § 4. Non-official table of contents

§ 24 Protection period

The calculation of the duration of the protection of trademarks extended in accordance with § 4 is § 9 para. 1 of the Apply trademark law. Unofficial table of contents

§ 25 Transfer of a trademark, trade mark associations

(1) One before 1. By way of derogation from Section 17 (1), second sentence, of the Act on Trade Marks of 30 May 1992, the transfer of the rights arising from a trade mark or trademark application, which has been extended pursuant to § 4 of this Act, shall be the same as the first sentence. November 1984 (GBl. 397), as defined by Article 2 of the Law of 29. June 1990 (GBl. No 40 p. 571) has been amended, even without the corresponding entry in register.(2) The erasure of a logo or a collective mark extended in accordance with § 1 or the failure to register such a sign may not be based on the fact that the association for which the sign is registered or is not legally valid, if it is not valid on 1. May 1992 was registered in the register of associations in accordance with § 7 of the law on trade marks and he or the person who had been transferred by the association through the registration or registration of the sign, to the German Patent Office until the end of the 30th Article 20 of the Trademark Act is not applicable to the extent that it is not applicable to the application of a trademark law in accordance with Section 17 (1) or (2) and § 18 sentence 1 of the Trademark Act (trademark law). name="BJNR009380992BJNG000800314 " />

Section 3
Matching Rights, Pre-Use and Reuse Rights

Subsection 1
Inventions

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§ 26 Meeting of rights

(1) As far as patents, patent applications or utility models are applied to the the area referred to in Article 3 of the Agreement, or the rest of the territory of the Federal Republic of Germany, shall be in accordance with the scope of its protection and shall meet as a result of the extension, the holders of such rights or of protection rights may not Consideration of their sentimatal rights from the rights of protection or protection against the persons to whom the proprietor of the other right of protection or the other patent application has allowed the use to be asserted. .(2) However, the subject-matter of the right of protection or of the application for protection may not be used in the area covered by the right of protection or the right of protection, or may be used only with restriction, to the extent that the full use for a substantial impairment of the holder of the other right of protection or of the other intellectual property application or of the persons to whom he has authorised the use of the subject of his right of protection or of his/her application for a protection law; , taking into account all the circumstances of the case and weighing up the legitimate interests of the parties concerned, would be incontiable.(3) (omitted) unofficial table of contents

§ 27 prior use rights

(1) is the effect of a patent extended in accordance with § 1 or § 4, or Utility model limited by a right of prior use (Section 12 of the Patent Act, Section 13 (3) of the German Utility Model Act, Section 13 (1) of the German Democratic Republic's Patent Law), this prior-use right shall apply with those of § 12. of the patent law in the entire Federal Republic of Germany.(2) Paragraph 1 shall apply in accordance with the conditions laid down for the recognition of a right of prior use in the area in which the right of protection has not been applied to date. Non-official table of contents

§ 28 Rights of use

(1) The effect of a patent or utility model extended in accordance with § 1 or § 4 occurs. not one which is the subject of the invention in the area in which the right of protection has not yet been applied, in accordance with the day and before the first day of the application. It was legally in use in July 1990. This is empowered to use the invention throughout the Federal territory for the needs of its own company in own or foreign workshops with the barriers arising from § 12 of the Patent Law, insofar as the use does not result in a that the holder of the right of protection or of the persons to whom he has authorized the use of the object of his right of protection is substantially impaired, taking account of all the circumstances of the case and, in the event of the weighing of the persons entitled to, The interests of those involved would be uncheap.(2) In the case of a product manufactured abroad, the user shall be entitled to continue to use the rights referred to in paragraph 1 only if a protective acquis has been established by the use of the product within the country, the non-recognition of which has been taken into account in the light of all Circumstances of the case would constitute an undue hardship for the user.(3) (omitted) unofficial table of contents

§ 29 Meeting with rights of use in accordance with § 23 of the Patent Law

As far as patents or Patent applications for which a license declaration has been issued in accordance with Section 23 of the Patent Law or is deemed to have been issued in accordance with § 7, with patents, patent applications or utility models in their scope of protection are the same and as a result of the The holders of the last-mentioned patents, patent applications or utility models shall be entitled to the rights arising from these rights of protection or protection rights without regard to their sentiments against the extension of the law. , which is entitled to use the invention pursuant to Section 23 (3) sentence 4 of the Patent Law. § 28 remains unaffected.

Subsection 2
Trademarks, trademarks and other identifiers

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§ 30 Trademarks and trademarks

(1) A trade mark which, according to § 1, is extended to the territory referred to in Article 3 of the Agreement, together with a matching mark, shall be combined with a corresponding mark, which shall: shall be extended to the rest of the territory of the territory of the Federal Republic of Germany, each of the signs in the territory to which it is extended shall be used only with the consent of the proprietor of the other sign.(2) The character may also be used without the consent of the holder of the other character in the territory to which it extends,
1.
for advertising in public notices or in communications intended for a wider circle of persons, if the dissemination of these public notices or notices Communications cannot reasonably be restricted to the area in which the sign has been applied so far,
2.
if the holder of the sign proves that: it is entitled to a return transfer of the other character or the company to which the other character belongs, according to the provisions of the property law,
3.
insofar as the exclusion from the use of the character in this area, taking into account all the circumstances of the case and considering the legitimate interests of the parties involved and
() In the cases referred to in paragraph 2 (1) and (3), the holder of the drawing may require the person who uses the other character to obtain reasonable compensation to the extent that he or she is entitled to the use of the that is likely to be affected.(4) In the case of paragraph 2 (2), where the right of retransmission is deemed to be unfounded, the holder of the trade mark shall be obliged to replace the damage caused to the proprietor of the matching mark by the fact that the mark in question shall be replaced by: the territory to which it has been extended, without the consent of that territory. Unofficial table of contents

§ 31 Other Trademark Rights

Meeting Trademarks or trademarks that are subject to the provisions of this Act in Article 3 of the The territory or the rest of the territory of the Federal Republic of Germany, as a result of the extension with a name, a company, a special name of a company or any other right acquired by use of the trade mark law together, paragraph 30 shall apply accordingly. Non-official table of contents

§ 32 Continuing use right

The effect of a registered mark extended to the rest of the territory of the Federal Republic of Germany pursuant to § 4. Trademark application, which would be excluded from registration in accordance with § 1 or § 4 (1) or (2) (1) of the Trademark Law, does not appear against the person who has a character matching the trade mark for the same or similar goods or goods. Services in the rest of the federal territory already before 1. It was legally used in July 1990. This person shall be empowered to use the mark throughout the territory of the Federal Republic of Germany in so far as the use does not lead to a substantial impairment of the proprietor of the trade mark or to the persons to whom he has authorised the use of the trade mark, taking account of: of all circumstances of the case and consideration of the legitimate interests of the parties and the general public would be unreasonable.

Part 2
Transformation of origin information in the association signs

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§ 33 Transformation

(1) The indications of origin entered in the Register of Origin and the information to be entered in the Register Register of registered indications of origin are converted on request in accordance with the following provisions in association signs (§ § 17 to 23 of the Trademark Law).(2) In the rest of the territory of the territory of the Federal Republic of Germany, the indications of origin which have been converted into association signs shall be given the same sentiments as in the territory referred to in Article 3 of the Agreement on the entry into force. Non-official table of contents

§ 34 Request for conversion

(1) The request for conversion can only be made by the application in § 17 of the Trademark Act. Legal entities or legal persons under public law.(2) The request for conversion shall be up to the end of the 30. The European Parliament and the Council. The application is free of charge. There will be no reinstatement in the previous stand against the failure of the deadline.(3) Where the application is not made within the time limit laid down in paragraph 2, the right to be entered in the Register of Origin or the right established by the indication of the indication of origin shall be removed from the entry. The deletion shall be entered in the register or in the files of the application.(4) The erasability of rights referred to in paragraph 3 shall not affect the power to assert claims with regard to the indications of origin concerned in accordance with the general rules. Non-official table of contents

§ 35 Application of the Trademark Law

The application for conversion shall, unless otherwise specified, be deemed to be Registration of a Verbandszeichen according to § § 17 to 23 of the trademark law. Non-official table of contents

§ 36 Overlapping Dates of Origin and Trademarks

§ § 2 and 3, 20 to 24 and 30 to 32 are available on Applications for the conversion of indications of origin in association signs and converted sources of origin, registered as a symbol of association, should be applied accordingly. Non-official table of contents

§ 37 Protectability of converted origin information

Liege the requirements for registration of a badge whereas, moreover, the conversion of a registered or notified indication of origin into a symbol cannot be refused on the grounds that the indication of origin is not a declaration of origin, unless the name of the indication of origin is not has lost its original meaning as a geographical indication and is considered by the relevant transport routes throughout the territory of the Federal Republic of Germany exclusively as a product name or as a name of a variety or type of product. Non-official table of contents

§ 38 Right to use

(1) Trifft a source of origin converted to a badmark in the rest of the Federal Republic of Germany a matching name, which is there before the 1. The designation for the marking of goods or packaging, or in announcements, price lists, business letters, recommendations, invoices and the like, may still be used until the end of the period of two years after the registration of the logo. After the expiry of this period, any existing, so marked goods or packaging, or existing announcements, price lists, business letters, recommendations, invoices or the like may still be issued until the end of another two years and are used up.(2) In the rest of the territory of the territory of the Federal Republic of Germany, a source of origin converted into a symbol shall be given a matching name, which shall be given there before the 1. It has been lawfully used by an undertaking which, as regards the use of that name, continues the tradition of a business originally established in the territory referred to in Article 3 of the Agreement on the entry into force of that name, is In accordance with the provisions of paragraph 1, the time limit for re-use shall be ten years after the first sentence.

Part 3
(omitted)

unofficial table of contents

§ § 39 to 46 (omitted)

part 4
change of laws

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§ § 47 and 48 ----

Part 5
Transient and Final Provisions

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§ 49 Employees ' inventions

On inventions that are before the 3. The provisions of the Law on Employees ' Inventions concerning the Emergence and Maturity of the Remuneration Claim in the case of unrestricted use shall be made in the territory referred to in Article 3 of the Unification Treaty in October 1990. of a service discovery, to the extent that up to 1. The Court of Justice and the Court of Justice of the European Union have not yet established the right to remuneration, as well as the rules on arbitration and the judicial procedure. In addition, the provisions applicable to them remain in force until now (Annex I, Chapter III, Section II, Section II, Section 11 of the Agreement of the 31-Member State of the European Union). August 1990, BGBl. 885, 962). Non-official table of contents

§ 50 Management of dispute settlement procedures

Procedure, which is 1. May 1992 at the Schlichtungsstelle für remuneration disputes of the German Patent Office are still pending, shall be in the position in which they are located, to which the German Patent Office established under the Law on Employees ' inventions Arbitration board. Non-official table of contents

§ 51 Complaint and nullity procedure transfer

(1) Procedure which is 1. May 1992 in case of a complaint or an office for annulment of the German Patent Office are still pending, the situation in which they are located shall be taken over to the Federal Patent Court.(2) Procedure, which shall be 1. May 1992 is still pending at a site for the deletion of trademarks of the German Patent Office, shall be continued by the trademark department of the German Patent Office. Non-official table of contents

§ 52 Deadlines

If the procedure is subject to a right of protection under § 4, or a term covered by § 4 In the case of an application for protection, the course of a procedural deadline shall be set before 1. It began in May 1992 in accordance with the legislation to be applied so far. Non-official table of contents

§ 53 Fees

(1) Charges for intellectual property rights and protection rights in accordance with § 4, which are before the 1. It is due to be paid in accordance with the legislation to be applied until now.(2) Is a fee which is due to 1. The fees incurred shall be deemed to have been paid in accordance with the date of the previous charges, which shall be deemed to have been paid in effect before that date. Non-official table of contents

§ 54 Application of the law against unfair competition and other laws

The application of the law The provisions of this Act shall not affect the unfair competition and the general rules on the acquisition or exercise of rights, in particular the abuse of rights. Non-official table of contents

§ 55 Entry into force

This law will enter into force on the first day of the calendar month following the announcement.