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TABLE OF CONTENTS

GERMANY

Trademark Law

as amended on July 16, 1998
ENTRY INTO FORCE: January 1, 1999

PART 1 SCOPE
1. Protected Trade Marks and Other Signs/ 2. Application of Other Provisions

PART 2 PREREQUISITES, SCOPE AND LIMITS OF PROTECTION OF TRADE MARKS AND COMMERCIAL DESIGNATIONS; TRANSFER AND LICENSE
Chapter 1 Trade Marks and Commercial Designations; Priority and Seniority
3. Signs Capable of Being Protected as Trade Marks/ 4. Accrual of Trade Mark Protection/ 5. Commercial Designations/ 6. Priority and Seniority
Chapter 2 Prerequisites for the Protection of Trade Marks by Registration
7. Proprietorship/ 8. Absolute Grounds for Refusal/ 9. Filed or Registered Trade Marks as Relative Grounds for Refusal/ 10. Well-Known Trade Marks/ 11. Trade Mark Registered in the Name of an Agent/ 12. Trade Mark Acquired by Use and Commercial Designations Having Seniority/ 13. Other Earlier Rights
Chapter 3 Scope of Protection; Infringements of Rights
14. Exclusive Right of the Proprietor of a Trade Mark; Injunctive Relief; Damages/ 15. Exclusive Right of the Proprietor of a Commercial Designation; Injunctive Relief; Damages/ 16. Reproduction of a Registered Trade Mark in Reference Works/ 17. Claims Against Agents or Representatives/ 18. Claim to Destruction/ 19. Claim to Information
Chapter 4 Restrictions to Protection
20. Limitation/ 21. Forfeiture/ 22. Exclusion of Claims Due to Legal Validity of Registration of a Later Trade Mark/ 23. Use of Names and Descriptive Indications; Trade With Spare Parts/ 24. Exhaustion/ 25. Exclusion of Claims Due to Non-use/ 26. Use of a Trade Mark
Chapter 5 Trade Marks as Objects of Property
27. Transfer/ 28. Presumption of the Proprietorship of a Right; Service on the Proprietor/ 29. Rights in rem; Levy of Execution; Bankruptcy Proceedings/ 30. Licensing/ 31. Trade Mark Applications

PART 3 PROCEEDINGS IN TRADE MARK MATTERS
Chapter 1 Registration Procedure
32. Requirements of the Application/ 33. Date of Filing; Right to Registration; Publication of Application/ 34. Foreign Priority/ 35. Exhibition Priority/ 36. Examination of the Application Requirements/ 37. Examination as to Absolute Grounds for Refusal/ 38. Accelerated Examination/ 39. Withdrawal, Limitation and Correction of the Application/ 40. Division of the Application/ 41. Registration/ 42. Opposition/ 43. Objection Due to Non-use; Decision on the Opposition/ 44. Action for the Grant of Registration
Chapter 2 Correction; Division; Period of Protection and Renewal
45. Correction of the Register and Publications/ 46. Division of the Registration/ 47. Period of Protection and Renewal
Chapter 3 Surrender, Revocation and Nullity; Cancellation Procedure
48. Surrender/ 49. Revocation/ 50. Nullity Due to Absolute Grounds for Refusal/ 51. Nullity Due to Earlier Rights/ 52. Effects of Cancellation on Grounds of Revocation or Nullity/ 53. Cancellation by the Patent Office on Grounds of Revocation/ 54. Cancellation Procedure Before the Patent Office on Absolute Grounds for Refusal/ 55. Cancellation Proceedings Before Regular Courts
Chapter 4 General Provisions for Procedures Before the Patent Office
56. Competence/ 57. Exclusion and Challenge/ 58. Expert Opinions/ 59. Investigation of the Facts; Right to Be Heard/ 60. Examination of Facts; Hearing; Minutes/ 61. Decisions; Information on the Right to Appeal/ 62. Inspection of Files; Inspection of the Register/ 63. Costs of the Proceedings/ 64. Objection [Erinnerung]/ 65. Power to Issue Legal Ordinances
Chapter 5 Proceedings Before the Patent Court
66. Appeal/ 67. Boards of Appeal; Public Oral Proceedings/ 68. Intervention of the President of the Patent Office in Appeal Proceedings/ 69. Hearings/ 70. Decision in Respect of Appeals/ 71. Costs of Appeal Proceedings / 72. Exclusion and Challenge/ 73. Investigation of Facts; Preparation of the Hearing/ 74. Taking of Evidence/ 75. Summons/ 76. Course of the Hearing/ 77. Minutes/ 78. Consideration of Evidence; Right to be Heard Before the Court/ 79. Pronouncement; Service of the Decisions; Statement of Grounds/ 80. Corrections/ 81. Representation; Power of Attorney/ 82. Application of Further Provisions; Appeals from Decisions; Inspection of Files
Chapter 6 Proceedings Before the Federal Court of Justice [Bundesgerichtshof]
83. Leave to Appeal on Points of Law/ 84. Right to Appeal; Basis for an Appeal/ 85. Formal Requirements/ 86. Examination of Admissibility/ 87. Several Parties/ 88. Application of Other Provisions/ 89. Decision on Appeals on a Point of Law/ 90. Decision on Costs
Chapter 7 Common Provisions
91. Reinstatement/ 92. Duty to Tell the Truth/ 93. Official Language and Language in Court/ 94. Service of Documents/ 95. Legal Assistance/ 96. Domestic Representative.

PART 4 COLLECTIVE MARKS
97. Collective Marks/ 98. Proprietorship/ 99. Registrability of Indications of Geographical Origin as Collective Marks/ 100. Restrictions on Protection; Use/ 101. Right of Action; Damages/ 102. Regulations Governing Use of the Mark/ 103. Examination of the Application/ 104. Amendments of the Regulations Governing Use of the Mark/ 105. Revocation/ 106. Nullity Because of Absolute Grounds for Refusal

PART 5 PROTECTION OF MARKS UNDER THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS AND THE PROTOCOL RELATING TO THE MADRID AGREEMENT; COMMUNITY TRADE MARKS
Chapter 1 Protection of Marks Under the Madrid Agreement
107. Application of the Provisions of this Law/ 108. Application for International Registration/ 109. Fees/ 110. Recordal in the Register/ 111. Subsequent Territorial Extension/ 112. Effect of International Registration/ 113. Examination as to Absolute Grounds for Refusal/ 114. Opposition/ 115. Revocation of Protection a posteriori/ 116. Opposition and Request for Cancellation on the Basis of International Registrations/ 117. Exclusion of Claims for Non-Use/ 118. Consent to the Transfer of an International Registration
Chapter 2 Protection of Marks Under the Protocol Relating to the Madrid Agreement
119. Application of the Provisions of this Law/ 120. Application for International Registration/ 121. Fees/ 122. Entry in the Files; Recordal in the Register/ 123. Subsequent Territorial Extension/ 124. Analogous Application of the Provisions Concerning the Effect of International Registrations of Marks Under the Madrid Agreement/ 125. Transformation of an International Registration
Chapter 3 Community Trade Marks
125a. Filing of Applications for Community Trade Marks with the Patent Office/ 125b. Application of the Provisions of this Law/ 125c. Late Invalidation of a Trade Mark/ 125d. Conversion of Community Trade Marks/ 125e. Community Trade Mark Courts; Community Trade Mark Litigation/ 125f. Informing the Commission/ 125g. Territorial Jurisdiction of the Community Trade Mark Courts/ 125h. Insolvency Proceedings

PART 6 INDICATIONS OF GEOGRAPHICAL ORIGIN
Chapter 1 Protection of Indications of Geographical Origin
126. Names, Indications or Signs Protected as Indications of Geographical Origin/ 127. Scope of Protection/ 128. Injunctive Relief; Claim for Damages/ 129. Limitation
Chapter 2 Protection of Geographical Indications and Designations of Origin Under Regulation (EEC) No. 2081/92
130. Application for Registration of a Geographical Indication or Designation of Origin/ 131. Request to Amend the Specification/ 132. Objections/ 133. Responsibilities in the Patent Office; Appeals/ 134. Supervision/ 135. Injunctive Relief; Claim for Damages/ 136. Limitation
Chapter 3 Authorization to Issue Legal Ordinances
137. Detailed Provisions for the Protection of Individual Indications of Geographical Origin/ 138. Other Provisions for the Procedure Concerning Applications, Requests and Oppositions Under Regulation (EEC) No. 2081/92/ 139. Provisions Implementing Regulation (EEC) No. 2081/92

PART 7 PROCEDURE IN LITIGATION CONCERNING SIGNS
140. Litigation Concerning Signs/ 141. Venue for Claims Under this Law and Under the Law Against Unfair Competition/ 142. Reduction of the Value in Dispute

PART 8 PROVISIONS GOVERNING OFFENSES PUNISHABLE WITH IMPRISONMENT OR FINES; SEIZURE ON IMPORT OR EXPORT
Chapter 1 Provisions Governing Offenses Punishable with Imprisonment or Fines
143. Punishable Infringement of Signs/ 144. Punishable Use of Indications of Geographical Origin/ 145. Provisions Governing Fines
Chapter 2 Seizure of Goods on Import or Export
146. Seizure in Case of Infringement of Rights to a Sign/ 147. Confiscation; Opposition; Release of Goods Seized/ 148. Competence; Remedies/ 149. Damages in the Case of Unjustified Seizure/ 150. Seizure under Regulation (EC) No. 3295/94/ 151. Seizure in the Case of Unlawful Marking with Indications of Geographical Origin

PART 9 TRANSITIONAL PROVISIONS
152. Application of this Law/ 153. Restrictions on the Assertion of Claims for Infringement/ 154. Rights in rem; Enforcement; Proceedings in Bankruptcy/ 155. Licensing/ 156. Examination of Trade Mark Applications as to Absolute Grounds for Refusal/ 157. Publication and Registration/ 158. Opposition Proceedings/ 159. Division of an Application/ 160. Period of Protection and Renewal/ 161. Cancellation of a Registered Trade Mark on the Grounds of Revocation/ 162. Cancellation of a Registered Trade Mark Because of Absolute Grounds for Refusal/ 163. Cancellation of a Registered Trade Mark Due to Earlier Rights/ 164. Objection and Direct Appeal/ 165. Transitional Provisions

[Last updated 1 April 2004]
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