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Regulation on the implementation of the Trademark Law

Original Language Title: Verordnung zur Ausführung des Markengesetzes

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Ordinance on the implementation of the Trademark Law (Brand Regulation-Trademark Law)

Unofficial table of contents

Branded V

Date of completion: 11.05.2004

Full quote:

" Brand Regulation of 11 May 2004 (BGBl. 872), as last amended by Article 207 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status: Last amended by Art. 207 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote 

(+ + + Text evidence from: 1.6.2004 + + +)
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Input formula

Pursuant to Section 65 (1) Nos. 2 to 10 and 13 as well as § 138 (1) of the Trademark Act of 25. October 1994 (BGBl. 1994 I p. 3084, 1995 I p. 156), of which § 65 (1) was last amended by Article 2 (9) of the Law of 12 March 2004 (BGBl. 390) has been amended, in conjunction with Section 1 (2) of the DPMA Regulation of 1 April 2004 (BGBl. 514), the German Patent and Trademark Office (Deutsche Patent-und Markenamt) is ordering: Unofficial table of contents

Content Summary

Part 1
Scope
§ 1 Procedures in trade mark matters
Part 2
Procedure up to registration
Section 1
Logins
§ 2 Form of notification
§ 3 Contents of the application
§ 4 Registration of collective marks
§ 5 Information on the applicant and his representative
§ 6 Brand form information
§ 7 Wordmarks
§ 8 Image stamps
§ 9 Three dimensional brands
§ 10 Label marks
§ 11 Audio Stamps
§ 12 Other forms of branding
§ 13 Patterns and models
§ 14 Use of foreign-language forms
§ 15 Foreign registrations
§ 16 Documents in foreign languages
§ 17 Appeal to a trade mark registered in the country of origin
§ 18 Shift of time in traffic enforcement
Section 2
Classification of goods and services
§ 19 Class division
§ 20 List of goods and services
Section 21 Decision on classification
Section 22 Class division change
Section 3
Publication of the application
Section 23 Login Publications
Part 3
Register, Certificate, Publication
§ 24 Location and form of the register
Section 25 Contents of the register
Section 26 Certificate, certificates
§ 27 Location and form of publication
§ 28 Contents of the publication of the registration
Part 4
Individual procedures
Section 1
Opposition proceedings
§ 29 Form of appeal
§ 30 Contents of the appeal
Section 31 Joint decision on several contradictions
Section 32 Suspension
Section 2
Partial transition, division of applications and registrations
§ 33 Partial transition of a registered mark
Section 34 Transfer of rights, rights in rem, insolvency proceedings and measures of compulsory enforcement in the case of applications
§ 35 Division of notifications
§ 36 Division of entries
Section 3
Extension
Section 37 Renewal by fee payment
§ 38 Application for partial renewal
Section 4
Waiver
§ 39 Waiver
§ 40 Third party consent
Section 5
Deletion
Section 41 Deletion due to decay
§ 42 Deletion due to absolute barriers to protection
Part 5
International registrations
Section 43 Applications and other communications in the international registration procedure in accordance with the Madrid market agreement
Section 44 Applications and other communications in the international registration procedure in accordance with the Madrid Protocol on Market Agreement
§ 45 Applications and other communications in the procedure for international registration under the Madrid market agreement and the Madrid market agreement
Section 46 Refusal to protect
Part 6
Procedure in accordance with Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
Section 1
Entry procedure
§ 47 Application Request
§ 48 Publication of the application
§ 49 National objection
Section 2
Opposition proceedings pursuant to Section 131 of the Trademark Act
§ 50 Objection
Section 51 Opposition proceedings
Section 3
Specification changes; Delete; File View
Section 52 Specification changes
Section 53 Deletion request
§ 54 File View
§ 55 (dropped)
Part 7
Final provisions
§ 56 Transitional arrangements on the occasion of the entry into force of this Regulation
Section 57 Transitional arrangements for future amendments
Section 58 Entry into force, external force
Annex
(dropped)

Part 1
Scope

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§ 1 Procedure in Trademark Matters

(1) In addition to the provisions of the Trademark Act and the DPMA Regulation, the provisions of this Regulation shall apply in respect of the proceedings before the German Patent and Trademark Office (trademark affairs) before the German Patent and Trademark Office (trademark affairs). (2) DIN standards, to which the provisions of the German Patent and Trademark Office (trademark affairs) shall apply This regulation is referred to in the Beuth-Verlag GmbH, Berlin and Cologne, and is established by the German Patent and Trademark Office in the form of an archive.

Part 2
Procedure up to registration

Section 1
Logins

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§ 2 Form of notification

(1) The registration for the registration of a trade mark must be submitted using the form issued by the German Patent and Trademark Office. § 12 of the DPMA Regulation is applicable for electronic submission. (2) Trademarks can be registered for goods and for services. (3) A separate application is required for each brand. Unofficial table of contents

§ 3 Content of the application

(1) The application must include:
1.
information on the applicant and, where appropriate, his representative in accordance with § 5,
2.
an indication of the form of the mark in accordance with § 6 and a reproduction of the mark in accordance with § § 7 to 12 and
3.
the list of goods and services for which the mark is to be registered, in accordance with Article 20.
(2) In the application
1.
the priority of an earlier foreign application shall be made, and the date and the State of that application shall be indicated,
2.
An exhibition priority shall be given, and a corresponding declaration shall be made and the date of the first display and the exhibition shall be indicated.
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§ 4 Registration of collective marks

If the registration is requested as a collective mark, a corresponding declaration must be made. Unofficial table of contents

§ 5 Information on the applicant and his representative

(1) The application must contain the following information to the applicant:
1.
the applicant is a natural person, his first name and surname or, if the registration is to be made under the company of the declarant, the firm as registered in the commercial register;
2.
where the applicant is a legal person or a personal company, the name of that person or company; the name of the legal form may be abbreviated in the usual way. If the legal person or person company is registered in a register, the name must be given in accordance with the register entry. In the case of a civil law company, the name and address of at least one shareholder entitled to represent a representative shall also be indicated;
3.
the address of the residence or registered office of the applicant (street, house number, postal code, location).
(2) In the application, a postal address, a postal address as well as telephone and fax numbers, which differ from the address of the applicant, may additionally be indicated. (3) If the application is filed by several persons, the following shall apply: (4) If the applicant is domicated or domicated abroad, the address referred to in paragraph 1 (3) shall be indicated in addition to the place where the State is to be declared. In addition, information may be given on the district, the province or the state in which the applicant is domicated or domicated or is subject to his/her legal order. (5) Has the German Patent and Trademark Office the applicant a (6) If a representative has been appointed, paragraphs 1 and 2 shall apply in respect of the indication of the name and address of the representative. If the German Patent and Trademark Office has assigned a representative number or the number of a general authority pursuant to § 16 of the DPMA Regulation to the representative, the DPMA is to be indicated. Unofficial table of contents

§ 6 Information on the form of branding

The notification shall indicate whether the trade mark shall be deemed to be
1.
Word mark (§ 7),
2.
pictorial brand (§ 8),
3.
three-dimensional mark (§ 9),
4.
Identification mark (§ 10),
5.
Hearing mark (§ 11) or
6.
Other forms of branding (§ 12)
is to be entered in the register. Unofficial table of contents

§ 7 Word marks

If the applicant states that the trade mark is to be registered in the usual printed copy used by the German Patent and Trademark Office, the mark shall be registered in the usual characters (letters, numbers or other characters) . Unofficial table of contents

§ 8 Image stamps

(1) If the applicant states that the mark is to be entered in the graphic reproduction of a word mark as defined in paragraph 7 of this Article, as a two-dimensional word mark, image mark or in colour, the application shall be two to add matching two-dimensional graphic reproductions of the mark. If the mark is to be registered in colour, the colours must also be described in the application. (2) The reproduction of the mark must be permanently displayed on paper and must be made in colour shades and design in such a way as to make it possible for the mark to be used in the form of colour tones and design. The brand in all details can also be clearly identified in a reduction to a format of 8 centimetres in height and width in black and white reproduction. Overlappings, submissions and overlappings made with non-durable paint are prohibited. (3) The sheet size of the reproduction shall not exceed the format of DIN A4. The area used for the display (record mirror) must not be greater than 26.2 x 17 centimetres and not less than 8 x 8 centimetres. The sheet is to be printed on one side only. A margin of at least 2.5 centimetres must be observed from the upper and left side edges of each sheet. (4) The correct position of the mark must be marked by the words "above" above the representation on each reproduction, (5) The reproduction of the mark may also be submitted on a data carrier. The volume must be readable and must not contain viruses or other harmful programs. Otherwise, the volume cannot be used. The media formats that can be read at the German Patent and Trademark Office will be announced on the website www.dpma.de. The representations are to be placed as individual files on the root directory of an empty volume.
1.
The following graphic formatting is accepted: Graphic format JPEG (*.jpg)
Resolution In wide format in width At least 945, no more than 1890 pixels
(pixels)
For high-format height At least 945, no more than 1890 pixels
(pixels)
Color space sRGB
Color Depth Color image 24 bit/p
black-white 8 bit/p
Grayscale 8 bit/p
The file must not be greater than 1 megabyte. Packed and compressed files are not processed by the German Patent and Trademark Office.
2.
On the surface of the data carrier, the following information shall be affixed by machine or in block:
a)
the name of the declarant,
b)
the mark, where possible,
c)
the representative, if ordered,
d)
Contact details (address, telephone number, e-mail address),
e)
the internal trade mark of the declarant or his representative, where available, and
f)
the date of the trademark application to which the volume belongs.
The label must not interfere with the readability of the volume. Data carriers with labels are not processed by the German Patent and Trademark Office.
(6) The application may contain a description of the mark. Unofficial table of contents

§ 9 Three-dimensional trademarks

(1) If the applicant indicates that the mark is to be registered as a three-dimensional mark, the application shall be accompanied by two matching two-dimensional graphic reproductions of the mark. The reproductions may contain up to six different views and must be submitted on a sheet of paper in accordance with the format of section 8 (3). If the mark is to be registered in colour, the colours shall be indicated in the application. (2) For reproduction, light images shall be used as positive prints or graphic line drawings, which render the mark to be displayed permanently and as a template for photo offset printing, microfilming including the manufacture of contour-sharp retro-enlargements and electronic image storage. (3) If the brand is reproduced by a graphic line drawing, then the representation must be uniformly black, non-wireable and Sharply defined lines. The representation may contain hatchings and shades for the reproduction of plastic details. (4) For the form of reproduction, § 8 (2) to (5) shall apply accordingly. If the reproduction of the mark is additionally submitted on a data medium, all views must be reproduced in an image file. (5) The application may contain a description of the mark. Unofficial table of contents

§ 10 Marking marks

(1) If the applicant states that the trade mark is to be registered as a trade mark mark, § 9 (1) to (4) shall apply accordingly. (2) The application may contain a description of the trade mark indicating the nature of the characteristic. Unofficial table of contents

§ 11 Hörmarken

(1) If the applicant indicates that the trade mark is to be registered as a hearing mark, the application shall be accompanied by two matching two-dimensional graphical reproductions of the mark. (2) Hearing Marks shall be presented in a customary notation. For the form of reproduction, Section 8 (2) to (5) shall apply. (3) The applicant must submit a sound reproduction of the mark on a data medium. (4) The application may contain a description of the mark. (5) For the The following standards shall apply:
1.
The media formats that can be read at the German Patent and Trademark Office will be announced on the website www.dpma.de. The sound reproduction is to be deposited on the root of an empty volume. Allowed file formats are WAVE format (*.wav) and MP3 format (*.mp3). The sampling frequency must be at least 44.1 kilohertz, and the resolution must be at least 16 bits. Packed and compressed files are not processed by the German Patent and Trademark Office.
2.
On the surface of the data carrier, the following information shall be affixed by machine or in block:
a)
the name of the declarant,
b)
the mark, where possible,
c)
the representative, if ordered,
d)
Contact details (address, telephone number, e-mail address),
e)
the internal trade mark of the declarant or his representative, where available, and
f)
the date of the trademark application to which the volume belongs.
The label must not interfere with the readability of the volume. Labels must not be used.
3.
The volume must be readable and must not contain viruses or other harmful programs. If the volume is not readable, the sound reproduction is deemed not to have been submitted.
4.
Only one data carrier may be submitted for each hearing mark.
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§ 12 Other forms of branding

(1) If the applicant indicates that the trade mark is to be registered as a different form of trade mark, the application shall be accompanied by two matching two-dimensional graphic reproductions of the mark. If the mark is to be registered in colour, the colours are to be described in the application. (2) For the form of reproduction, § 8 (2) to (5), § 9 (1) to (3) and (4) sentence 2, as well as § 11 (2) sentence 1, (3) and (5) shall apply. (3) Login can contain a description of the brand. Unofficial table of contents

§ 13 Designs and models

The application shall not be accompanied by any samples or models of the items marked with the mark or in the cases of § § 9, 10 and 12 of the trade mark itself. Section 11 (3) remains unaffected. Unofficial table of contents

§ 14 Use of foreign-language forms

In addition to the forms issued by the German Patent and Trademark Office, foreign language forms filled out in German language can be used for submitting applications and applications, if they are standardised internationally. . The German Patent and Trade Mark Office may request further explanations if there is any doubt as to the content of individual information in the foreign-language form. The provisions relating to the granting of a filing date shall remain unaffected by such requests. Unofficial table of contents

§ 15 Foreign-language applications

(1) Applications filed in foreign languages shall be granted a filing date in accordance with Section 33 (1) of the Trademark Law if the requirements of Section 32 (2) of the Trademark Law are fulfilled. (2) Within three months from the receipt of the Registration with the German Patent and Trademark Office is a German translation of the foreign-language content of the application, in particular the list of goods and services, to be submitted. The translation must be certified by a lawyer or a patent attorney, or be made by a publicly appointed translator. (3) If the translation referred to in paragraph 2 is not filed within the time limit referred to in that paragraph, the application shall apply. (4) The examination of the application and all other proceedings before the German Patent and Trademark Office take place on the basis of the German translation. Unofficial table of contents

§ 16 Records in foreign languages

(1) The German Patent and Trademark Office may take into account the following foreign-language documents:
1.
priority documents,
2.
documents relating to a trade mark registered in the country of origin;
3.
documentation on the credibility or evidence of facts,
4.
Third party opinions and certificates,
5.
Opinion,
6.
Evidence from publications.
(2) Where the foreign-language document is not written in English, French, Italian or Spanish, a lawyer or patent attorney shall be certified or certified by a lawyer or patent attorney within one month of receipt of the document. to submit a translation made to a publicly appointed translator. If the translation is not filed within this period, the document shall be deemed not to have been received. If the translation is submitted after the expiry of this period, the document shall be deemed to have been received at the time of receipt of the translation. (3) If the foreign-language document is in English, French, Italian or Spanish , the German Patent and Trademark Office may require a translation to be filed. The German Patent and Trademark Office may require that the translation be certified by a lawyer or a patent attorney or be made by a translator who is publicly appointed. If the translation is not filed on time, the document shall be deemed not to have been received. If the translation is submitted after the expiry of the period, the document shall be deemed to have been received at the time of receipt of the translation. Unofficial table of contents

§ 17 vocation of a trade mark registered in the country of origin

(1) In accordance with Article 6 quinquies of the Paris Convention, the applicant is based on a trade mark registered in the country of origin. (2) The applicant shall have one of the following: certificate of registration in the country of origin, issued by the competent authority. Unofficial table of contents

§ 18 postponement of the seniority in the case of traffic enforcement

If the examination shows that the conditions for the postponement of the seniority are given in accordance with Section 37 (2) of the Trademark Law, the German Patent and Trade Mark Office shall inform the applicant accordingly. The file of the application shall indicate the date which is relevant for the determination of the seniority. The filing date in accordance with § 33 (1) of the Trademark Act remains unaffected by the rest.

Section 2
Classification of goods and services

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§ 19 Class classification

The classification of goods and services is based on the valid version of the class classification and the alphabetical lists of goods and services published by the German Patent and Trademark Office in the Federal Gazette. Unofficial table of contents

Section 20 List of goods and services

(1) The goods and services shall be designated in such a way as to enable the classification of each individual product or service into a class of classification according to § 19. (2) Where possible, the names of the classification shall be: if these are not in need of explanation, and the terms of the alphabetical lists referred to in § 19 are used. (3) The goods and services must be given in accordance with classes in the order of the classification of the classes. (4) The list of goods and services is to be found in the written classification 11 point and with a line spacing of 1 ½. It must be submitted in duplicate, in so far as it is attached to the application as an annex. Unofficial table of contents

Section 21 Decision on classification

(1) If the goods and services are not correctly classified in the application, the German Patent and Trademark Office shall decide on the classification. (2) The German Patent and Trademark Office shall, as a leading class, lay down the class of the Class classification, which is the focus of the login. In this respect, it is not bound to an indication of the applicant via the guide class. The German Patent and Trademark Office takes into account a guide class specified by the applicant in charge payment. Unofficial table of contents

Section 22 Change in the classification of classes

If, in the period following the date of filing and before the expiry of the term of protection of a trade mark, the classification of goods and services changes, the classification shall be adjusted at any time at the request of the proprietor. It shall be amended on its own account at the latest in the extension of the protection period of the mark.

Section 3
Publication of the application

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§ 23 Publications on registration

(1) The publication of the registration of a trade mark whose filing date is established (Section 33 (1) of the Trademark Act), includes the following information:
1.
the file number of the application,
2.
the date of receipt of the notification;
3.
Information about the brand,
4.
Information on a foreign priority claimed by the applicant (Section 34 of the Trademark Law), the priority of the exhibition (Section 35 of the Trademark Act) or to a foreign priority pursuant to Article 35 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 327 EC 1994 No 11 p.1),
5.
the name and place of residence or seat of the applicant;
6.
if a representative is appointed, the name and seat of the representative,
7.
the delivery address with an indication to the delivery recipient as well as
8.
the guide class and, where appropriate, other classes of the list of goods and services.
(2) Where a registered mark is not entered in the register, the publication shall include the following particulars:
1.
in the case of a total or partial refusal of a registered trade mark, an indication of the refusal reason and of the goods and services, and of the classes to which the refusal relates;
2.
in the case of complete or partial withdrawal of a trade mark application, a corresponding indication of the goods and services and of the classes to which the withdrawal relates;
3.
if an application for non-payment of the fee (§ 6 para. 2 of the German Patent Law) or due to a lack of minimum conditions for the granting of a filing date (§ 36 paragraph 2 sentence 1 in connection with § 36 paragraph 1 no. 1, § 33 para. 1 of the German Patent Act) (trademark law) shall be deemed to be withdrawn, a corresponding indication;
4.
in the case of closed multiple applications, a corresponding indication.
(3) The publication may take place in electronic form.

Part 3
Register, Certificate, Publication

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Section 24 Location and form of the register

(1) The register shall be kept at the German Patent and Trademark Office. (2) The register shall be operated in the form of an electronic database since 1 August 1999. Unofficial table of contents

Section 25 Content of the register

The register shall be entered in the register:
1.
the registration number of the mark;
2.
the file number of the application, provided that it does not correspond to the registration number,
3.
the reproduction of the mark;
4.
the indication of the trade mark,
5.
in the case of colour registered marks, the corresponding indication and the name of the colours,
6.
a description of the mark in the files;
7.
in the case of trade marks registered on the basis of proven traffic enforcement (Section 8 (3) of the Trademark Law), the corresponding indication,
8.
in the case of trade marks registered on the basis of a mark registered in the country of origin, in accordance with Article 6 of the quinquies of the Paris Convention, an indication thereof,
9.
where appropriate, the indication that it is a collective mark,
10.
in the case of a trade mark whose seniation has been carried out in accordance with Articles 34 or 35 of Council Regulation (EC) No 40/94 on the Community trade mark of 20 December 1993 (OJ L 357, 31.12.1994, p. EC 1994 No 1) in respect of a registered or registered Community trade mark, the indication of the corresponding file number and, in the event of the deletion of the mark, the name of the reason for the deletion,
11.
the date of filing of the mark,
12.
where applicable, the day which is relevant for the determination of the seniority of a trade mark pursuant to section 37 (2) of the Trademark Law,
13.
the day, the state and the file number of a foreign priority claimed by the proprietor of the trade mark (§ 34 of the Trademark Law),
14.
Information on an exhibition priority claimed by the trademark owner (§ 35 of the Trademark Law),
15.
the name and place of residence or registered office of the proprietor of the trade mark; in the case of a company civil law, the name and place of residence of the shareholder who is entitled to represent the representative;
16.
if a representative is appointed, the name and seat of the representative,
17.
the delivery address with an indication to the delivery recipient,
18.
the list of goods and services, indicating the guide class and the other classes in grouped form,
19.
the date of entry in the register,
20.
the date of publication of the registration,
21.
if, after the expiry of the period of opposition, no objection has been made against the registration of the mark, a corresponding indication,
22.
if an objection has been made,
a)
a corresponding indication,
b)
the date of the conclusion of the opposition proceedings,
c)
in the case of a complete deletion of the mark, an indication
d)
in the event of partial deletion of the trade mark, the goods and services to which the deletion relates,
23.
the extension of the term of protection,
24.
where a third party has made a request for the cancellation of a registered mark or has brought an action for the cancellation of a registered trade mark,
a)
in the case of a request for deletion in accordance with Section 50 of the Trademark Law, an appropriate indication,
b)
the conclusion of the deletion procedure in accordance with § 50 of the Trademark Law,
c)
in the case of a complete cancellation of the mark, an indication shall be given under the name of the deletion reason,
d)
in the case of a partial deletion of the mark, an indication shall be given, indicating the reason for the deletion and the goods and services to which the deletion relates,
25.
if an extinguishing procedure is initiated on its own account,
a)
in the case of a complete cancellation of the mark, an indication shall be given under the name of the deletion reason,
b)
in the case of a partial deletion of the mark, the name of the name of the deletion, and the goods and services to which the deletion relates,
26.
in the case of a complete or partial deletion of the mark on the basis of an appropriate declaration by the proprietor of the trade mark, in particular an application for a partial extension of the term of protection or a partial waiver, the relevant information shall be given at: the name of the ground of deletion and, in so far as it is a partial deletion, the list of goods and services as amended after the deletion,
27.
Information about an application for registration pursuant to Section 44 of the Trademark Act, insofar as they have been notified to the German Patent and Trade Mark Office,
28.
the date of receipt of a declaration of division,
29.
in the case of the registration of a register, the reference to the registration number of the registration which has been separated as a result of a declaration of division
30.
in the case of the registration which has been severed as a result of a declaration of division, the relevant information and the registration number of the parent application,
31.
the date and the number of the international registration (§ § 110, 122 (2) of the Trademark Law),
32.
the transfer of a trade mark, together with information on the successor to the legal successor, and, where appropriate, its representative, in accordance with points 15, 16 and 17;
33.
in the case of a transfer of the trade mark for a part of the goods and services, the particulars referred to in points 29 and 30,
34.
Information on rights in rem (§ 29 of the Trademark Act),
35.
information on the measures of enforcement of the law (section 29 (1) no. 2 of the Trademark Act) and the registration of the mark by insolvency proceedings (Section 29 (3) of the Trademark Act),
36.
amendments to the information referred to in points 15, 16 and 17; and
37.
Corrections to entries in the register (Section 45 (1) of the Trademark Act).
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§ 26 Certificate, certificates

In addition to the document on the registration of the mark in the register in accordance with Section 25 of the DPMA Regulation, the proprietor of the trade mark shall receive a certificate of the information entered in the register, insofar as he has not expressly waived the particulars in this case. Unofficial table of contents

§ 27 Place and form of publication

(1) Details of registered trademarks are published in the trademark sheet published by the German Patent and Trademark Office. (2) The publication can be made in electronic form. Unofficial table of contents

Section 28 Content of the publication of the registration

(1) The publication of the registration shall include all information entered in the register, with the exception of the information referred to in § 25 (20) and (31). Colour registered trademarks are published in colour. (2) The first publication of registered trademarks is a reference to the possibility of objection (§ 42 of the Trademark Act). The repetition of this reference is required if the registered trade mark is republished due to significant deficiencies in the initial publication. The notice may be made jointly for all marks published in accordance with sentences 1 and 2. (3) In the event of partial revelation, the registration of the brand as a whole may be republished.

Part 4
Individual procedures

Section 1
Opposition proceedings

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§ 29 Form of contradiction

(1) A separate objection is required for each trade mark or business name on the basis of which the registration of a trade mark is subject to a contradiction (contradiction mark). A number of contradictions based on the same or the same opponent's opposition can be summarised in a notice of appeal. (2) The contradiction is to be used by the German Patent and Trademark Office issued forms issued. Unofficial table of contents

§ 30 Contents of the appeal

(1) The objection must contain information which allows the identity of the attacked mark, the right of objection and the opponent's or the opposing person to be identified. In the case of the non-registered or registered opposition marks, the nature, the reproduction, the form, the sentiments, the object and the proprietor of the consigned trademark shall be disclosed in order to identify them. (2) In the contradiction shall, unless already necessary for the identification of the identity referred to in paragraph 1, be indicated:
1.
the registration number of the trade mark against which the opposition is registered,
2.
the register number of the registered notice of appeal or the file number of the notice of appeal filed,
3.
the reproduction and designation of the form of the opposition identifier;
4.
if the notice of appeal is an internationally registered trademark, the registration number of the notice of appeal as well as with internationally registered opposition marks, which are prior to the 3. Having been registered with effect both for the Federal Republic of Germany and for the German Democratic Republic in October 1990, the declaration on which country part of the opposition is based,
5.
the name and address of the holder of the opposition mark,
6.
if the opposition from a registered or registered trade mark is collected by a person who is not registered as an applicant in the file of the application or is entered in the register as the holder, the name and address of the person or persons who are not registered or registered in the register as the holder Opposing and the date on which an application for the endorsement or registration of the transfer of rights has been submitted,
7.
if the opponent or the opponent has appointed a representative, the name and address of the representative,
8.
the name of the proprietor of the trade mark against whose registration the opposition is directed,
9.
the goods and services to which the objection is based,
10.
the goods and services against which the contradiction is directed.
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Section 31 Joint decision on several contradictions

(1) A number of contradictions of the same opponent shall, where relevant, be decided jointly. (2) In other cases than in the cases referred to in paragraph 1, a number of contradictions may be decided jointly. Unofficial table of contents

§ 32 Suspension

(1) The German Patent and Trademark Office may suspend proceedings concerning an objection other than in the cases referred to in Section 43 (3) of the Trademark Law, even if this is relevant. (2) A suspension may be considered, in particular, if the The opposition is likely to be accepted and the opposition has been based on a mark applied for or before the German Patent and Trademark Office a procedure for the deletion of the notice of opposition is pending.

Section 2
Partial transition, division of applications and registrations

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§ 33 Parting of a registered mark

(1) Where the transfer of the right established by the registration of a trade mark relates only to a part of the goods and services registered, the application for registration of the transfer of rights in accordance with Article 28 of the DPMA Regulation shall be the goods and services. (2) In addition, Article 36 (1) to (5) and (7) shall be applied in accordance with the proviso that the time limit for the submission of documents referred to in paragraph 5 does not apply. Unofficial table of contents

§ 34 Legal transfer, rights in rem, insolvency proceedings and measures of enforcement in the case of applications

(1) The transfer of law, the right in rem, the measure of enforcement or insolvency proceedings shall be recorded in the file of the application. (2) In the case of legal transitions, only that person shall be entered in the register, which shall: The date of registration is the proprietor of the mark. A right in rem at the time of registration, a measure of enforcement or insolvency proceedings pending at that date, shall also be entered in the register. (3) the right to which the trade mark has been registered by the application of a trade mark only part of the goods and services for which the trade mark has been registered, shall indicate, in the application for the endorsement of a partial transfer, the goods and services to which the trade mark has been registered; Transfer of law. In addition, Article 35 (1) to (5) and (7) shall apply in accordance with the proviso that the period specified for the submission of documents in paragraph 5 does not apply. Unofficial table of contents

Section 35 Division of registrations

(1) A registered trademark may be divided into two or more applications in accordance with Section 40 (1) of the Trademark Act. A separate declaration of division is required for each separate part. The declaration of division is to be submitted using the form issued by the German Patent and Trademark Office. (2) The declaration of division shall specify the goods and services included in the severed application (3) The list of the goods and services of the remaining parent application and the list of the goods and services of the severed application must, as a whole, be subject to the date of entry into force of the declaration of participation. List of goods and services of the initial application be the same. Where the division relates to goods and services covered by a generic term, the generic term must be used both in the parent application and in the severed application and shall be restricted by appropriate additions in such a way that: do not overlap the lists of goods and services. (4) The German Patent and Trademark Office produces a complete copy of the files of the original application. This copy will be part of the files of the separate application together with the division declaration. The separated application will receive a new file number. A copy of the declaration of division shall be taken to the files of the parent application. (5) If the initial application contains a reproduction of the mark in accordance with § § 8 to 12, then within the three-month period of § 40 paragraph 2 sentence 2 of the Trademark Act, four more to submit consistent two-dimensional graphic reproductions of the mark, in the case of a hearing mark, in addition, a sound reproduction of the mark pursuant to section 11 (3). (6) A representative of the applicant named for the initial application shall also be considered representative of the Applicant for the severed application. The submission of a new authorisation is not required. (7) Applications submitted in respect of the original application shall continue to apply to the separate application. Unofficial table of contents

Section 36 Division of entries

(1) A registered trade mark may be divided into two or more entries in accordance with Section 46 (1) of the Trademark Act. A separate declaration of division must be submitted for each separate part. The declaration of division shall be submitted using the form issued by the German Patent and Trademark Office. (2) The declaration of division shall specify the goods and services included in the severed registration. (3) The list of the goods and services of the remaining stock entry and the list of goods and services of the severed registration must be taken as a whole by the date of access of the declaration of participation. List of goods and services of the initial registration be the same. Where the division relates to goods and services falling within the scope of the preamble, the generic term must be used both in the parent application and in the severed registration, and shall be restricted by appropriate additions in such a way that: do not overlap the lists of goods and services. (4) The German Patent and Trademark Office produces a complete copy of the files of the original entry. This copy, together with the declaration of division, shall form an integral part of the files of the separate registration. The severed entry will be given a new registration number. A copy of the declaration of division will be taken into the files of the original application. (5) If the original entry contains a reproduction of the mark in accordance with § § 8 to 12, then within the three-month period of § 46 (3) sentence 2 of the Trademark Law four Other matching two-dimensional graphic reproductions of this mark must be submitted, and in the case of a hearing mark, an additional sound reproduction of the mark pursuant to § 11 para. 3. (6) A representative of the proprietor of the trade mark shall be deemed to have been named after the initial registration. also as representative of the proprietor of the mark for the severed registration. The submission of a new power of authority is not required. (7) Applications submitted in respect of the original registration shall also apply to the separate registration. (8) Is against the registration of a trade mark whose division pursuant to Section 46 of the Trademark Law , the German Patent and Trade Mark Office requests the opposing parties to make a statement as to which parts of the original registration of the opposition are directed against. The proprietor of the registered trademark may also provide an appropriate explanation of the opponent from himself. If such a declaration is not made, the declaration of division shall be rejected as inadmissible.

Section 3
Extension

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§ 37 Extension by payment payment

The registration number and the name of the proprietor of the trade mark as well as the intended use shall be indicated in the payment of the renewal fees in accordance with Section 47 (3) of the Trademark Act. Unofficial table of contents

Section 38 Request for partial renewal

(1) If the extension of the term of protection of a registered trade mark is to be effected only for part of the goods and services for which the mark is registered, the proprietor of the trade mark may make a corresponding request. (2) In the application shall be indicated:
1.
the registration number of the trade mark whose term of protection is to be extended;
2.
the name and address of the proprietor of the trade mark;
3.
if a representative is appointed, the name and address of the representative,
4.
the goods and services for which the term of protection is to be extended.

Section 4
Waiver

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Section 39 waiver

(1) The application for the complete or partial deletion of a trade mark pursuant to section 48 (1) of the Trademark Law shall be made using the form issued by the German Patent and Trademark Office. (2) The application shall state:
1.
the register number of the mark to be deleted, in whole or in part,
2.
the name and address of the proprietor of the trade mark;
3.
if a representative is appointed, the name and address of the representative,
4.
if a partial deletion is requested, either the goods and services to be deleted, or the goods and services for which the mark is not to be erased.
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§ 40 consent of third parties

A declaration of consent signed by that person or its representative shall be sufficient for the consent of a holder of a right to the trade mark registered in the register pursuant to section 48 (2) of the Trade Mark Act. A certification of the declaration or signature is not required. The consent may also be demonstrated in other ways.

Section 5
Deletion

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Section 41 Deletion of decay

(1) The application for deletion of a trademark due to decay according to § 53 (1) of the Trademark Law shall be made using the form issued by the German Patent and Trademark Office. (2) The application shall state:
1.
the registration number of the mark whose deletion is requested;
2.
the name and address of the applicant;
3.
where the applicant has appointed a representative, the name and address of the representative,
4.
if the deletion is requested only for a part of the goods and services for which the mark is registered, either the goods and services for which the deletion is requested or the goods and services for which the deletion is requested is not requested; and
5.
the reason for the deletion according to § 49 of the Trademark Law.
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Section 42deletion due to absolute protection obstacles

For the request for deletion due to absolute protection obstacles pursuant to § 54 paragraph 1 of the Trademark Act, § 41 applies accordingly.

Part 5
International registrations

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Section 43 Applications and other communications in the procedure of international registration under the Madrid market agreement

For applications and other communications in the procedure for the international registration of a trademark registered in the register under Article 3 of the Madrid Agreement with the German Patent and Trademark Office, the Office of the International Office of the International Office of the International Office of the The World Intellectual Property Organization shall use official forms. Unofficial table of contents

Section 44 Applications and other communications in the international registration procedure, in accordance with the Protocol to the Madrid Market Agreement

For applications and other communications relating to the procedure for the international registration of a trademark registered with the German Patent and Trademark Office or entered in the register, pursuant to Article 3 of the Protocol to the Madrid Market Agreement, the to use official forms issued by the International Office of the World Intellectual Property Organization. Unofficial table of contents

Section 45 Applications and other communications in the international registration procedure under the Madrid market agreement and in accordance with the Madrid market agreement protocol

For applications and other communications in the procedure for the international registration of a trade mark registered with the German Patent and Trademark Office in the Register, both in accordance with Article 3 of the Madrid Agreement and Article 3 of the The Protocol to the Madrid Market Agreement shall be the official forms issued by the International Office of the World Intellectual Property Organization. Unofficial table of contents

Section 46 Denial of protection

(1) If an internationally registered trade mark whose protection has been extended to cover the territory of the Federal Republic of Germany pursuant to Article 3ter of the Madrid Agreement or Article 3 ter of the Protocol to the Madrid Agreement, the protection of the trade mark shall be: in whole or in part, and if this refusal of protection is transmitted to the International Office of the World Intellectual Property Organization for forwarding to the holder of the international registration, the time limit within which a Domestic representatives must be appointed in order to ensure that the protection is not definitively (2) shall be refused for a period of four months from the date of dispatch of the notice of refusal of protection by the International Office of the World Intellectual Property Organisation. If an internationally registered trademark has not ordered a domestic representative, a reminder or complaint against the refusal of protection shall be lodged with the German Patent and Trademark Office within a further month after the expiry of the Deadline for submission. The refusal of protection must be accompanied by an appropriate legal instruction. Section 61 (2) of the Trademark Act must be applied accordingly.

Part 6
Procedure in accordance with Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs

Section 1
Entry procedure

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Section 47 entry request

(1) The application for the registration of a geographical indication or designation of origin in accordance with Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products, and Food (OJ L 327 EU No 12) in its version in force must be submitted using the form issued by the German Patent and Trademark Office. (2) The application must indicate:
1.
the name and address of the applicant within the meaning of Article 5 (1) of Regulation (EC) No 510/2006,
2.
the legal form, size and composition of the association applying to the application,
3.
if a representative has been appointed, the name and address of the representative,
4.
the name to be protected as a geographical indication or designation of origin,
5.
the nature of the agricultural product or foodstuff;
6.
the specification referred to in Article 4 (2) of Regulation (EC) No 510/2006, as provided for in the form.
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Section 48 Publication of the application

(1) In the publication of the application in the trademark sheet (Section 130 (4) of the Trademark Act), at least the following must be stated:
1.
the name and address of the applicant;
2.
if a representative has been appointed, the name and address of the representative,
3.
the name to be protected as a geographical indication or as a designation of origin,
4.
the nature of the agricultural product or foodstuff;
5.
the specification referred to in Article 4 (2) of Regulation (EC) No 510/2006.
(2) The publication shall indicate the possibility of objection pursuant to section 130 (4) of the Trademark Act in conjunction with Article 5 (5) of Regulation (EC) No 510/2006. Unofficial table of contents

Section 49 National opposition

(1) The objection in accordance with Article 130 (4) of the Trademark Law in conjunction with Article 5 (5) of Regulation (EC) No 510/2006 shall be submitted using the form issued by the German Patent and Trademark Office. (2) In the Notice of opposition shall be stated:
1.
the geographical indication or designation of origin against which the objection is made,
2.
the name and address of the opponent,
3.
if a representative has been appointed, the name and address of the representative,
4.
the circumstances in which the legitimate interest of the opponent arises,
5.
the reasons referred to in Article 5 (5) in conjunction with Article 7 (3) of Regulation (EC) No 510/2006, on which the opposition is based.

Section 2
Opposition proceedings pursuant to Section 131 of the Trademark Act

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§ 50 objection

(1) The objection in accordance with Section 131 of the Trademark Law in conjunction with Article 7 (2) of Regulation (EC) No 510/2006 shall be submitted using the form issued by the German Patent and Trademark Office. (2) In the notice of opposition shall be indicated:
1.
the geographical indication or designation of origin against which the objection is made,
2.
the EC number and the date of publication in the Official Journal of the European Union,
3.
the name and address of the opponent,
4.
if a representative has been appointed, the name and address of the representative,
5.
the circumstances in which the legitimate interest of the opponent is obtained.
(3) The objection shall be justified within the time limit for opposition. It is necessary to indicate the reasons on which the objection is based in Article 7 (3) of Regulation (EC) No 510/2006. Unofficial table of contents

Section 51 Opposition procedure

The German Patent and Trademark Office shall inform the Federal Ministry of Justice and Consumer Protection of the objections received without delay after the expiry of the period of opposition by sending the objections with the necessary documents.

Section 3
Specification changes; Delete; File View

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§ 52 Amendments to the specification

(1) The application for amendment of the specification in accordance with Article 9 of Regulation (EC) No 510/2006 shall be submitted using the form issued by the German Patent and Trademark Office. (2) The application shall include the following:
1.
the registered geographical indication or designation of origin,
2.
the name and address of the applicant within the meaning of Article 9 (1) of Regulation (EC) No 510/2006,
3.
the legal form, size and composition of the association applying to the application,
4.
if a representative has been appointed, the name and address of the representative,
5.
circumstances in which the applicant's legitimate interest arises;
6.
the headings of the specification to which the amendments relate,
7.
the changes to be made and the reasons for their justification.
(3) In the case of applications pursuant to the first sentence of Article 9 (2) of Regulation (EC) No 510/2006, § § 48 to 51 shall apply accordingly. Unofficial table of contents

Section 53 Delete request

(1) The request for deletion of a registered geographical indication or designation of origin pursuant to Article 12 (2) of Regulation (EC) No 510/2006 is to be submitted using the form issued by the German Patent and Trademark Office (2) The application shall indicate:
1.
the geographical indication or designation of origin to be deleted;
2.
the name and address of the applicant;
3.
if a representative is appointed, the name and address of the representative,
4.
circumstances in which the applicant's legitimate interest arises;
5.
Reasons for the deletion.
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Section 54 File inspection

In the procedures laid down in Regulation (EC) No 510/2006, the German Patent and Trade Mark Office shall, upon request, grant access to the files. Unofficial table of contents

§ 55 (omitted)

Part 7
Final provisions

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Section 56 Transitional arrangements on the occasion of the entry into force of this Regulation

For trademark applications filed before the entry into force of this Regulation, the provisions of the Trademark Regulation of 30 November 1994 (BGBl. 3555), as last amended by the Regulation of 1 September 2003 (BGBl I). I p. 1701). Unofficial table of contents

Section 57 Transitional arrangements for future amendments

The provisions of this Regulation shall apply in respect of trade mark applications submitted before the entry into force of amendments to this Regulation in their up to that date. Unofficial table of contents

Section 58 Entry into force, external force

This Regulation shall enter into force on 1 June 2004.