(Text on January 2, 1968, last revised on July 26, 1979) (1) Any person who wishes to use a trademark in his business to distinguish If its goods are the same as those of others, you can apply to register the trademark in the Trademark Register.

(2) To the extent that the goods and services are similar, the provisions on trademarks and external signs of goods shall apply to service trademarks and service marks. (1) The trademark register is managed by the Patent Office. Application for trademark registration must be made in writing to the Patent Office. When applying, the name and logo of the enterprise using the trademark, a list of goods using the trademark, and a clear copy of the trademark should be attached; if necessary, a description of the trademark should be attached.

(2) The Federal Minister of Justice may promulgate statutory provisions on other requirements for the application, and may also promulgate a decree granting this power to the Director of the Patent Office.

(3) An application fee shall be paid for each application for registration of a trademark; for each category or subcategory of goods and services requested for protection in the attached classification table, a classification fee shall be paid according to the fee schedule. If the fee is not paid, the Patent Office will notify the applicant. If the fee is not paid within one month after receiving the notice, the registration application will be deemed to have been withdrawn.

(4) When the application is withdrawn or the registration application is rejected, the amount specified in the fee schedule will be refunded.

(5) The Federal Minister of Justice may by decree amend the classification list of goods and services. (1) The trademark registration book should record the following items:

(1) The date of application for registration;

(2) According to Article 2, paragraph (1), the application should be Attached documents;

(3) The name and address of the trademark owner, and if there is an agent, the name and address of his agent (Article 35, paragraph (2)); and the owner or change of the agent’s identity, name and address;

(4) Renewal of the protection period;

(5) Date of trademark registration.

(2) Anyone can check the trademark registration book. If any person can explain that he has a legitimate interest in the trademark, the Patent Office may grant him access to relevant documents upon his application.

(3) The registration and cancellation of each trademark shall be announced by the Patent Office in its regularly published list ("Trademark Gazette"). (1) A common name cannot be registered as a trademark.

(2) The following types of marks cannot be registered:

(1) Marks that lack identification, or consist entirely of numbers and letters, or only consist of information about the type of goods, Marks consisting of words including date of production and place of origin, nature, use, price, quantity or weight;

(2) Containing the coat of arms, national flag and other signs of any country, or regional coat of arms, in The coat of arms of a federated organization of local self-governing entities in the country, or the coat of arms of a federated organization of other local self-governing entities; (3) Including official inspection and certification marks, which The mark has been published in the Federal Register and is only used on certain goods in this country or foreign countries;

(3A) Contains the coat of arms, flag or other insignia, seal or mark of an international intergovernmental organization Marks that have been published in the Federal Register shall not be registered as trademarks;

(4) Contains descriptions that make people feel ugly, or the content is obviously inconsistent with the facts and risks deceiving the public;

(5) It has been used as a trademark by others on the same or similar goods, and is well known to the relevant domestic trade circles;

(6) It is related to a trademark for which someone has already filed an application and have the same mark as the name of the plant variety registered in the Plant Variety Protection Register or the Plant Variety Register of the Federal Agency for Plant Variety.

(3) The trademarks listed in item (1) of paragraph (2) above may be registered if they have become a mark that distinguishes the applicant's products in trade.

(4) If the applicant is allowed to include the national emblem, inspection or certification mark and other such marks in its trademark, even in trade, such trademark can be compared with other countries or internationally. If the signs of intergovernmental organizations are mixed, the provisions of paragraph (2)(1), (2) and (3A) may still not apply. In addition, if the goods for which trademark registration is applied for are neither identical nor similar to the goods bearing the inspection mark or certification mark, the provisions of paragraph (2)(3) shall not apply.

If the goods for which trademark registration is applied are neither botanically the same plant variety as the plant variety whose name has been registered, nor a plant variety belonging to a neighboring species, the provisions of paragraph (2) (6) shall not apply.

(5) If the applicant obtains the consent of a third party to apply for trademark registration, the provisions of paragraph (2)(5) shall not apply. (1) If the registration application complies with the legal requirements (Articles 1 and 2 of this Law) and there are no obstacles to registration referred to in Article 4, the Patent Office shall order the publication of the application forthwith.

(2) When publishing the application, the trademark applied for registration, the date of filing the application, the name and address of the applicant, and, if there is an agent, the name and address of the agent, shall be included in the Trademark Gazette. The residential address (paragraph (2) of Article 35), the attachments to the application specified in paragraph (1) of Article 2, and the application number shall be published once in the Trademark Gazette.

(3) If the examiner finds that the trademark applied for registration is the same as the trademark previously applied for registration of the same or similar goods, he should immediately draw the attention of the previous trademark owner to the published content.

(4) No matter who has applied for trademark registration for the same or similar goods before, and his trademark is the same as the trademark currently applied for registration (Article 31), he can apply for trademark registration in Within three months after the publication of the announcement, an objection to the newly applied for trademark registration based on the previous application shall be filed. Any person in a foreign country has obtained the right to use the same trademark as the trademark currently applied for registration on the same or similar goods based on the original application or use. The employment contract or other contractual relationship should protect the interests of the opponent in the business, and the applicant may file an objection when applying for trademark registration during the existence of the contractual relationship without the consent of the opponent. If the objection is not raised during the filing period, the application for restoration to the original status cannot be made.

(5) During the objection period, certain fees should be paid according to the fee schedule. If the fee is not paid, it will be deemed that no objection has been raised.

(6) After filing an objection, the Patent Office shall decide whether the trademarks are identical. Paragraph (4) of Article 35 of the Patent Law shall apply mutatis mutandis here. However, the Patent Office may decide that other expenses incurred between the parties in the opposition proceedings, based on an equitable assessment, if necessary to reasonably protect the claims and rights, shall be reimbursed in whole or in part by one of the parties.

(7) If when the application for registered trademark is published, the trademark based on which the objection is filed has been registered in the trademark registration book for five years, and the applicant objects to the use of the trademark, then the person filing the objection shall It should be explained that he has used the trademark applied for registration within the last five years before it was published. The use of such a trademark by a third party with the consent of the opponent is the same as the use of the trademark by the opponent himself. When deciding whether trademarks are identical, the Patent Office only needs to investigate the goods used by the opponent to explain its use. If the trademark against which the opposition is filed is registered in accordance with Article 6-1, and the objection is to the registration of this trademark, the provisions of the first to third sentences will only apply five years after the expiration of the opposition procedure.

(8) If no objection is raised, the trademark will be registered.

(9) The Federal Minister of Justice has the right to raise objections in the manner prescribed by law, especially in the form of a special written form. The Attorney General may by decree delegate this authority to the Director of the Patent Office. (1) If the Patent Office confirms that the trademarks are not identical, the newly applied trademark shall be registered.

(2) If the Patent Office confirms that the trademarks are identical, it shall refuse registration immediately. If the applicant claims that despite this ruling, he still has the right to register, he should file a lawsuit with the opponent as the defendant and request confirmation of his rights. The action must be instituted within one year from the date of the decision confirming that the marks are identical. Registration after the applicant wins the case will be effective from the date of initial application for registration.

(3) When the Patent Office confirms that the trademark applied for registration is the same as one or more trademarks based on which the objection is filed, it may stop examining other trademarks before a decision is made on whether the trademark applied for registration should be registered. objection.

(4) After the application is published (Article 5, paragraph (2)), the withdrawal of the application or the refusal of registration shall be published.

Article 6-1 [Registration in Advance]

(1) When the applicant explains that it has legitimate interests and must register a trademark in advance, the Patent Office shall, at the request of the applicant, not Article 5(1) orders the publication of the application. If the application has been ordered to be published, the trademark shall be registered without publishing the application in accordance with Article 5(2).

(2) The above request shall be submitted in writing to the Patent Office within two weeks after receiving the publication order at the latest. Fees must be paid according to the fee schedule within this period; if payment is not made, the request will be deemed not to have been made.

(3) After registration, the trademark shall be published in accordance with Article 5, paragraph (2). Oppositions can be filed against trademark registrations. Paragraphs (3) to (7) and (9) of Article 5 shall apply mutatis mutandis to objection procedures.

(4) If the Patent Office confirms that the trademarks are not identical, the objection should be rejected. If the trademarks are confirmed to be identical, the trademark registered under paragraph (1) shall be cancelled. After a trademark is cancelled, it is deemed to have never been registered. The above provisions do not affect the provisions of the second to fourth sentences of paragraph (2) of Article 6. Paragraph (3) of Article 6 shall apply mutatis mutandis. (1) Rights arising from a trademark registration application or trademark registration may be inherited by heirs or transferred to a third party. When this right is transferred to another person, the enterprise or part of the enterprise related to the trademark must be transferred at the same time. Any agreement transferred in other forms is invalid. After the successor of the right has certified his inheritance to the Patent Office, the Patent Office shall register the transfer in the trademark register at the request of the successor. Fees must be paid according to the fee schedule when making a request; if payment is not made, the request will be deemed not to have been made.

(2) If the transfer is not registered in the trademark registration book, the rights successor shall not claim the rights arising from the trademark registration.

(3) The orders and decisions that the Patent Office shall serve on the owner of a trademark shall be sent to the person registered as the owner in the register. If the owner registered in the register has died, the Patent Office may decide at its own discretion to either treat it as having been served or to investigate the heirs for service. (1) The protection period for a registered trademark is ten years from the day after the application is filed.

(2) The protection period can be renewed for ten years each time. After nine years from the date of filing the application, or for a trademark whose protection period has been extended, nine years from the last renewal, the renewal fee shall be paid according to the fee schedule, and the renewal fee shall be paid for each category or category for which continued protection is requested. The renewal will take effect only after the small category pays the classification fee. If the fee has not been paid within two months after the expiration of the protection period, a late payment fee shall be paid according to the fee schedule. After the expiration of the two-month grace period, the Patent Office shall notify the trademark owner immediately if the above fees and late payment fees are not paid within six months from the expiration date of the protection period, or one month after the notification is served. If payment is not made within six months (if the period is later than six months after the expiry of the protection period), the trademark will be cancelled.

(3) If the trademark owner proves that it has financial difficulties and is temporarily unable to pay the renewal fee, the Patent Office may postpone the issuance of the notice at the request of the trademark owner. The Patent Office may stipulate payment in installments within a certain period and then issue notice granting an extension. If the installment fee is not paid on time even once, the Patent Office shall immediately notify the trademark owner, and if the balance is not paid within one month after the notice is served, the trademark will be cancelled.

(4) If the trademark owner does not request a postponement of the issuance of the notice, but can prove that it is temporarily unable to pay due to financial difficulties, if the request can be made within fourteen days after the notice is served, and the owner was originally unable to pay the fee If there are genuine reasons, the date for payment of fees and late fees may be postponed even after the notice has been served. Postponement may also be granted upon payment of part of the fee. If the delayed payment of fees is not paid on time, the Patent Office may reissue a notice urging payment of the entire amount owed. After the second notice is served, no further postponement is allowed.

(5) The notice issued upon request for extension (paragraph (3)) or the notice that has been postponed and reissued (paragraph (4)) shall be issued no later than two years after the payment is due. . If a trademark is canceled due to unpaid fees, fees paid will not be refunded. (1) At the request of the trademark owner, the trademark can be canceled from the registration book at any time.

(2) Under any of the following circumstances, the Patent Office shall cancel a trademark ex officio:

(1) After the expiration of the protection period, there is no renewal of the protection period (Article 9) ;

(2) Trademark registration should be rejected. If a third party applies to cancel a trademark for this reason, it must pay a fee according to the fee schedule; if the cancellation application is legal, the fee can be refunded or reimbursed by the trademark owner; if the fee is not paid, the cancellation application will be deemed not to have been filed.

(3) When a trademark should be canceled according to item (2) of paragraph (2) above, the Patent Office shall notify the owner in advance. If the owner does not raise any objection within one month after the notice is served, the trademark will be cancelled. When the owner raises an objection, the Patent Office will decide whether to cancel it. When a third party requests cancellation of a trademark, the provisions of Article 35-4 of the Patent Law shall apply mutatis mutandis to the expenses incurred in hearing statements or investigating evidence.

(1) Under any of the following circumstances, a third party may apply for trademark cancellation:

(1) The trademark is used by the third party for the same or similar goods based on the original application and has been registered

(1A) A third party has obtained trademark rights on the same or similar goods in a foreign country based on the original application or use, if it can be proved that the person registered as the owner According to the employment contract or other contractual relationship with him, the interests of the third party in the business should be protected, but during the existence of the contractual relationship, he applied for trademark registration without the consent of the third party;

(2) Trademark ownership The person ceases to operate the business related to the trademark;

(3) Something happens that makes the content of the trademark obviously inconsistent with the facts, and there is a danger of deceiving the public;

(4) The trademark has been registered in the Trademark Register for at least five years, and the owner has not used the trademark within five years before applying for cancellation, except when the trademark cannot be used during this period due to special circumstances. The second to fourth sentences of paragraph (7) of Article 5 shall apply mutatis mutandis here.

(2) A request for cancellation shall be made in the form of a lawsuit; the owner registered in the register or his successor in title shall be the defendant.

(3) When the trademark is transferred to another person before or after prosecution, the judgment in this case is valid and enforceable against the right successor. Regarding the rights of the heirs to participate in litigation, the provisions of Articles 66 to 69 and 76 of the Civil Procedure Law shall apply mutatis mutandis.

(4) In the case of items (2) and (4) of paragraph (1), a request for cancellation may be submitted to the Patent Office first. The Patent Office notifies the registered trademark owner of the cancellation request. If the owner does not raise any objection within one month after the notice is served, the trademark will be cancelled. When the owner files an objection, the person making the request shall decide for himself whether to sue for cancellation of the trademark.

(5) If the trademark has not been used within five years after registration, or under the circumstances specified in Article 6-1, it has not been used within five years after the termination of the opposition procedure, the trademark owner shall not use it under the following circumstances: Re-use of the trademark against a request for cancellation under paragraph (1)(4):

(1) Use of the trademark begins only after being threatened by a request for cancellation;

(2) An identical trademark applied for later for use on the same or similar goods begins to be used after Article 5 [Paragraph (2), Article 6-1, Paragraph (3)] is published, And the applicant of the trademark or its successor shall apply to cancel the trademark within six months after the publication.

(6) When the trademark of the person who lodges an objection to the cancellation request is published [Article 5, paragraph (2) and Article 6-1, paragraph (3)], the person who requests cancellation shall comply with Article (1) When the conditions for trademark cancellation in Item (4) of Paragraph (1) have been met, Item (1) of Paragraph (1) shall not apply. (1) Except as otherwise provided in this Law, procedures such as applications for trademark registration, requests for transfer registration, objections to cancellation of trademarks, requests for restoration to the original status, etc. shall be handled by the Patent Office in accordance with the provisions of the Patent Law. Article 43(4) of the Patent Law does not apply to trademarks.

(2) Established within the Patent Office:

(1) Examination Section - Responsible for examining trademark registration applications, and in accordance with Article 5, paragraph (1), (6) ) and paragraph (8) as well as Article 6 and Article 6-1;

(2) Trademark Office - Responsible for handling matters not provided for by other departments in this Law, For example: transfer registration, cancellation of trademarks in the register; each trademark is within its scope of authority and has the task of consultation (Article 14).

(3) The work of the Examination Section is headed by an official (examiner) who is familiar with law and technology or a mid-level civilian official. However, mid-level civil servants cannot order or accept oaths, nor can they file lawsuits with the Patent Court in accordance with the provisions of Article 46 (2) of the Patent Law.

(4) When the Trademark Office makes a decision, at least three people should participate. The Chairman of the Trademark Office may alone conduct all matters of the Trademark Office, except when deciding on the cancellation of a mark in the case of the third sentence of Article 10(3), or may assign a member of the Trademark Office to undertake these tasks.

(5) The Federal Minister of Justice shall exercise the following powers by decree:

(1) Delegate some legally not difficult tasks belonging to the Trademark Office to mid-level civil servants, but Article 1 Except for the ruling on trademark cancellation and consultation work (Article 14) and the ruling on refusal of consultation provided for in the third sentence of Article 10 (3).

(2) Delegate some legally not difficult tasks belonging to the Examination Section or Trademark Office to ordinary civil servants, except for the adjudication of registration applications, objections and other requests.

The Federal Minister of Justice may transfer the above authorization to the Director of the Patent Office by decree.

(6) Concerning the recusal of examiners and members of the Trademark Office, Articles 41 to 44 of the Civil Procedure Law, the second sentence of Article 45, paragraph (2), and the second sentence of the Civil Procedure Law shall apply mutatis mutandis Articles 47 to 49 provide for the recusal of court personnel. Regarding the recusal of mid-level civil servants and ordinary civil servants, the above provisions shall also apply mutatis mutandis when they are responsible for the work of the Examination Section or the Trademark Office. At this time, the provisions of the third sentence of Article 18, paragraph (6) of the Patent Law shall apply mutatis mutandis. (1) Objections may be raised against the decisions made by the intermediate civil officers of the Examination Section and the Trademark Division. Objections may be made in writing to the Patent Office within one month from the date of service of the award. Paragraph (2) of Article 28-5 of the Patent Law shall apply mutatis mutandis here.

(2) Objections shall be adjudicated by officials who are knowledgeable in law and technology. The first sentence and paragraph (5) of Paragraph (4) of Article 36-12 of the Patent Law shall apply mutatis mutandis here. (1) If there is no objection to the decision of the Examination Division or the Trademark Office (Article 12-1 (1)), a protest may be filed with the Patent Court.

(2) If a protest is filed against the following ruling:

(1) Trademark registration application, opposition or cancellation request; or

(2) The above-mentioned Any objection to the award in item (1) shall be subject to payment of fees according to the fee schedule during the appeal period. If payment is not made, the appeal shall be deemed to have not been filed.

(3) In other aspects, the procedural provisions of the Patent Law regarding filing a protest to the Patent Court shall apply mutatis mutandis.

(4) The Protest Division of the Patent Court is composed of three legal personnel and adjudicates the appeals against the rulings of the Examination Section and the Trademark Office. If the application for registration has been published, oral arguments on the appeal against the decision of the Examining Division shall be made public. The provisions of Articles 172 to 175 of the Court Organization Law shall apply mutatis mutandis, except for the following two situations:

(1) If the disclosure affects the petitioner’s response, The legitimate interests to be protected may not be disclosed at the request of one of the parties;

(2) Before the registration application is announced or the decision is made by the referee, the disclosure may not be made.

The provisions of Article 36-7, paragraph (2) of the Patent Law shall apply mutatis mutandis to the oral argument against the Trademark Office’s decision.

(5) Against the ruling of the appeal court, if the appeal court allows the filing of a re-protesting in the ruling, the re-protesting may be filed in the federal court. At this time, the provisions of Article 41-16(2) and (3) of the Patent Law and Articles 41-17 to 41-25 shall apply. (1) During the trial, if several appraisers make different appraisals on issues related to trademark registration, the Patent Office may make appraisals at the request of the court or procuratorate.

(2) In other respects, except for the authority provided by law, the Patent Office has no right to rule or make appraisals without the consent of the Federal Ministry of Justice. (1) The registration of a trademark has the following effects: only the owner of the trademark has the right to use the trademark on the goods of the applied type or on its packaging or wrapping, the right to put the goods with the trademark on the market, and the right to use the trademark in advertisements and price lists. The right to use the trademark in business correspondence, instructions, invoices or other similar documents.

(2) After a trademark is cancelled, all rights arising from registration may no longer be claimed from the date when the legal reasons for cancellation occur. (1) Industrial and commercial groups with legal personality, although not engaged in the business of manufacturing or selling goods, may apply for registration of the trademarks (collective trademarks) used by their members to mark goods in their businesses.

(2) Public legal persons have the same rights as the above-mentioned groups.

(3) Except as otherwise provided in Articles 17 to 23 of this Law, the provisions on trademarks shall apply to collective trademarks. (1) In addition to the provisions of Item (1), Item (1)A, Item (3) and Item (4) of Article 11, Paragraph (1), if any of the following circumstances occurs, the third party You can request to cancel a collective trademark:

(1) The group in whose name the collective trademark was registered no longer exists;

(2) The group allows the group to use the trademark in violation of its purpose and rules of use. When a trademark is used under the circumstances and allows others to use the trademark to deceive the public, it is deemed to be illegal use of the trademark.

(2) In the case of item (1) of paragraph (1), the provisions of paragraph (4) of Article 11 shall apply.

(3) In the case of Article 5(7) and Article 11(1)(4) and (5), at least two members of the group shall Only use by members is deemed to be the use of a collective mark. (1) Any person, in the course of business, illegally uses another person’s name, trade name or trademark protected by this law on goods, packaging or wrapping of goods, or uses them in advertisements, price lists, business letters, instructions, shipments, etc. Invoices or other similar documents, or when goods with such illegal signs are put on the market or sold, the victim may request that they stop such behavior.

(2) Anyone who commits the above acts intentionally or negligently shall be responsible for compensating the victim for the resulting losses.

(3) Anyone who intentionally commits the above acts shall be sentenced to fixed-term imprisonment of not more than six months or a fine of not more than 180 days.

Article 25 [Illegal use of external signs of goods]

(1) Any person in business uses the same or similar goods as distinguishing them from others in ordinary transactions. The external product mark of the product is illegally used on the product, the packaging or wrapping of the product, advertisements, price lists, business letters, instructions, invoices or other similar documents, or the product with such illegal marks is put on the market or sold The victim can ask the victim to stop the behavior.

(2) Anyone who commits the above acts intentionally or negligently shall be responsible for compensating the victim for the losses suffered thereby.

(3) Anyone who intentionally commits the above acts shall be sentenced to fixed-term imprisonment of not more than six months or a fine of not more than 180 days. (1) Any person who, in the course of business, intentionally or negligently makes false statements about the origin, quality or price of goods on goods or their packaging or wrapping, which is sufficient to cause a person to make a mistake, or intentionally makes such statements Putting or selling goods with a deceptive description on the market, or using such misleading descriptions in advertisements, business letters or other similar documents shall be punished by imprisonment for a term not exceeding six months or a term of imprisonment of not more than 180 days. The following days shall be fined, except where a heavier penalty shall be imposed under other provisions.

(2) A sign containing a geographical name or a sign derived from a geographical name has lost its original meaning if used on goods, or is used commercially only as the name of the goods or only as the name of the goods. Any mark used to describe the nature of the product shall not be considered as an untrue description of the place of origin as mentioned in the preceding paragraph. (1) Any person who uses the coat of arms, flag, national emblem, official inspection mark and certification mentioned in Article 4, paragraph (2), (2), (3) and (3), without permission It is illegal to use a logo or other mark as a mark of goods.

(2) Fines shall be imposed for violations of the preceding paragraph. (1) If foreign goods are illegally affixed with a German trade name, a German place name or a trademark protected by this Act and enter an area where this Act is enforced for the purpose of import or transit, the injured party may request and provide a deposit. It was seized to remove its illegal markings.

(2) The seizure shall be carried out by the customs; the customs may order necessary measures to remove illegal signs. If the customs order fails to be carried out or cannot be removed, the customs may order the confiscation of the goods.

(3) Regarding seizure and confiscation, an appeal may be filed in accordance with the provisions on appeals against seizure and confiscation in the procedures for imposing fines in the Police Violation Punishment Law. At the hearing of the appeal, the appellant shall be examined. It is possible to lodge an immediate protest against the decision of the lower court regarding the seizure; the protest is decided by the higher state court. (1) When a guilty verdict is made in accordance with Articles 24 to 26, the court shall order the removal of all illegal markings on the goods in the possession of the punished person; if removal cannot be carried out, the court shall declare that the goods shall not be used.

(2) When a penalty is imposed in accordance with Articles 24 and 25, if the victim requests that the judgment be published and explains that this practice has legitimate interests for him, the judgment may be published. . The scope and manner of publication are determined in the judgment. (1) When one of the parties asserts a claim arising from the legal relationship stipulated in this Law through litigation in a civil lawsuit, if it can be explained that the litigation costs based on the entire litigation value will obviously affect his financial situation, Upon request, the court may order the party to pay arbitration fees, and the party's obligation to pay arbitration fees may be adjusted according to the reduced litigation price based on his financial situation. After this order is issued, the successful party can also pay the lawyer's fees based on the reduced litigation price.

If the litigation costs are borne by the winning party or the winning party bears the litigation costs, he shall reimburse the other party for the referee fees and lawyer's fees paid, which shall be calculated based on the reduced litigation price. When out-of-court expenses are borne by the other party, the lawyer of the winning party may require the other party to pay the lawyer's due remuneration, but it shall be calculated based on the litigation price effective to the other party.

(2) A request specified in paragraph (1) may be stated before the court clerk and recorded. Such a request should be made before oral argument in the case. Such a request shall be granted only if the above-mentioned assumed or determined amount can later be increased by the court. Before the court rules on such a request, it shall examine the other party. (1) The state government has the power to designate one of several state court jurisdictions as the trademark court by statute. This Court shall have jurisdiction, in addition to the courts of the States assigned to it, over all proceedings brought under the legal relations provided for in this Act. The state may delegate this authority to the state Department of Justice.

(2) At the request of the defendant, cases belonging to courts in other states can be transferred to the Trademark Court. This request can only be granted before the defendant makes oral arguments in the case. Such a request may also be made by a lawyer admitted to practice before the Trademark Court. The court's decision is final and binding on the court.

(3) The parties may be represented in the Trademark Court by lawyers licensed by courts in other states. The same applies to representation before the Court of Appeal.

(4) Increased expenses incurred by one of the parties due to transfer in accordance with paragraph (2), or increased expenses incurred by the party in accordance with paragraph (2) by a lawyer who is not authorized by the court to be sued. , no reimbursement will be made.

(5) Regarding the expenses incurred by the participation of patent lawyers in trademark litigation cases, the remuneration part shall be reimbursed under the maximum amount of all remuneration in accordance with Article 11 of the Federal Lawyers Compensation Act. In addition, other necessary fees incurred by the patent attorney shall be reimbursed. [Judgment of Claims under the Trademark Act and the Unfair Competition Prevention Act]

Requests regarding legal relationships stipulated in this Act, and claims under the Unfair Competition Prevention Act (1909) Any request arising from the provisions of July 7, last revised on June 21, 1965) does not require the adjudication of Article 14 of the Unfair Competition Prevention Act. (1) A person who is neither a German national nor has a place of business in Germany can apply for protection only if it is announced in the Federal Gazette that in the country where he has a place of business, the German trademark is protected by the same scope as the domestic trademark. protected by this law.

(2) A trademark registration applicant or trademark owner who does not have a business office in Germany can request trademark protection only if he appoints a patent attorney or lawyer in his country as his agent. and assert its rights arising from registration. The agent has the right to act as an agent in civil proceedings concerning a trademark in proceedings before the Trademark Office and the Trademark Court. For all cases in which the trademark owner is the defendant, the court where the agent’s business office is located has jurisdiction; if there is no business office, the court where the agent is domiciled has jurisdiction; if there is no domicile, the court where the patent office is located has jurisdiction .

(3) When anyone applies for registration of a foreign trademark, he must provide evidence to prove that he has applied for and obtained trademark protection for the trademark in the country where his business place is located. If, as announced in the Federal Gazette, a German trademark can be registered in that country without similar certification, such certification is not required. If there are no other provisions in international treaties, foreign trademarks will only be allowed to be registered if they meet the requirements stipulated in this law. (1) Unless otherwise provided by law, the structure and business procedures of the Patent Office shall be determined by the Federal Minister of Justice, who shall also formulate the format of case handling documents by decree.

(2) The Federal Minister of Justice has the power to pass a decree and order the collection of administrative fees to cover the expenses incurred by the services of the Patent Office, except when the law has provided for it; the Federal Minister of Justice has the power to:< /p>

(1) Provide for charging certification fees, document fees, fees for accessing files, providing information and other fees.

(2) Specify the payment obligor, payment period, obligation to pay fees in advance, fee exemption, time limit and method for determining fees.