The German Trademark Act - Part 1

Scope

§ 1 Protected Trademarks and Other Signs
§ 2 Application of Other Provisions

The German Trademark Act - Part 2

Prerequisites, Scope and Limits of Protection of Trademarks and Trade Designations; Assignment and Licence

Division 1 - Trademarks and Trade Designations; Preference and Time Rank

§ 3 Signs Capable of Being Protected as Trademarks
§ 4 Accrual of Trademark Protection
§ 5 Trade Designations
§ 6 Preference and Time Rank

Division 2 - Prerequisites for the Protection of Trademarks by Registration

§ 7 Proprietorship
§ 8 Absolute Bars to Protection
§ 9 Trademarks Applied for or Registered Trademarks as Relative Bars to Protection
§ 10 Well-Known Trademarks
§ 11 Trademarks in the Name of an Agent
§ 12 Trademarks Acquired by Use and Trade Designations with a Prior Time Rank
§ 13 Other Earlier Rights

Division 3 - Scope of Protection; Infringement of Rights

§ 14 Exclusive Right of the Proprietor of a Trademark; Claim to Cease and Desist; Claim for Damages
§ 15 Exclusive Right of the Proprietor of a Trade Designation; Claim to Cease and Desist, Claim for Damages
§ 16 Citation of a Registered Trademark in Reference Books
§ 17 Claims against Agents or Representatives
§ 18 Claim to Destruction
§ 19 Right to be Informed

Division 4 - Limits of Protection

§ 20 Statutory Limitation
§ 21 Limitation of Claims in Consequence of Acquiescence
§ 22 Exclusion of Claims in the Case of Legal Validity of the Registration of a Trademark with a Later Time Rank
§ 23 Use of Names and Descriptive Statements; Spare Part Trade
§ 24 Exhaustion
§ 25 Exclusion of Claims because of Insufficient Use
§ 26 Use of Trademarks

Division 5 - Trademarks as an Item of Property

§ 27 Assignment of Rights
§ 28 Presumption of Proprietorship of a Right; Service on the Proprietor
§ 29 Real Rights; Enforcement; Bankruptcy Proceedings
§ 30 Licensing
§ 31 Trademarks Applied for

The German Trademark Act - Part 3

Proceedings in Matters Relating to Trademarks

Division 1 - Registration Procedure

§ 32 Requirements for Application
§ 33 Date of Filing; Claim to Registration; Publication of the Application
§ 34 Foreign Priorities
§ 35 Priority due to Exhibition at a Fair
§ 36 Examination of the Requirements for Application
§ 37 Examination for Absolute Bars to Protection
§ 38 Expedited Examination
§ 39 Withdrawal, Limitation and Correction of the Application
§ 40 Division of the Application
§ 41 Registration
§ 42 Opposition
§ 43 Plea of Insufficient Use; Decision Concerning the Opposition
§ 44 Legal Action to Obtain Grant of Consent for an Entry in the Register

Division 2 - Correction; Division; Duration of Protection and Extension

§ 45 Corrections of the Register and of Publications
§ 46 Division of the Registration
§ 47 Duration of Protection and Extension

Division 3 - Renouncement, Liability to Revocation and Nullity; Cancellation Proceedings

§ 48 Renouncement
§ 49 Liability to Revocation
§ 50 Nullity because of Absolute Bars to Protection
§ 51 Nullity because of the Existence of Earlier Rights
§ 52 Effects of the Cancellation because of Liability to Revocation or Nullity
§ 53 Cancellation through the Patent Office because of Liability to Revocation or Nullity
§ 54 Cancellation Proceedings before the Patent Office because of Liability to Revocation
§ 55 Cancellation Proceedings before Regular Courts

Division 4 - General Provisions Concerning Proceedings before the Patent Office

§ 56 Administrative Responsibilities in the Patent Office
§ 57 Exclusion and Objection
§ 58 Expert Opinions
§ 59 Investigation of the Facts of a Case; Right of Audience
§ 60 Investigations; Interviews; Minutes
§ 61 Decisions; Instructions Concerning the Right to Appeal
§ 62 Inspection of the Files; Inspection of the Register
§ 63 Costs of the Proceedings
§ 64 Reconsideration
§ 65 Authorization to Issue Statutory Orders

Division 5 - Proceedings before the Patent Court

§ 66 Appeal
§ 67 Boards of Appeal; Admission of the Public to Oral Proceedings
§ 68 Participation of the President of the Patent Office
§ 69 Hearings
§ 70 Judgement on Appeals
§ 71 Costs of Appeal Proceedings
§ 72 Exclusion and Objection
§ 73 Investigation of the Facts of a Case; Preparation of the Hearing
§ 74 Taking of Evidence
§ 75 Summons
§ 76 Course of the Hearing
§ 77 Minutes
§ 78 Evaluation of Evidence; Right of Audience
§ 79 Pronouncement in Court; Service; Substantiation
§ 80 Corrections
§ 81 Representation; Power of Attorney
§ 82 Application of further Provisions; Contestability; Inspection of Files

Division 6 - Proceedings before the Federal High Court of Justice

§ 83 Appeals on a Point of Law which Require Admission and which do not Require Admission
§ 84 Entitlement to Appeals; Reasons for Appeals
§ 85 Formal Requirements
§ 86 Examination of Admissibility
§ 87 Participation of Several Parties
§ 88 Application of further Provisions
§ 89 Decision of Appeals on a Point of Law
§ 90 Decision on Costs

Division 7 - Common Provisions

§ 91 Reinstatement
§ 92 Obligation to be Truthful
§ 93 Official Language and Language Spoken in Court
§ 94 Service of Documents
§ 95 Legal Assistance
§ 96 Representation in the Federal Republic of Germany

The German Trademark Act - Part 4

Collective Marks

§ 97 Collective Marks
§ 98 Proprietorship
§ 99 Registrability of Appellations of Geographical Origin as Collective Marks
§ 100 Limits of Protection; Use
§ 101 Entitlement to Bring an Action; Damages
§ 102 Statutes for a Collective Mark
§ 103 Examination of the Application
§ 104 Amendments to the Collective Mark
§ 105 Liability to Revocation
§ 106 Nullity because of Absolute Bars to Protection

The German Trademark Act - Part 5

Protection of Trademarks According to the Madrid Agreement and According to the Protocol Relating to the Madrid Agreement; Community Trademarks

Division 1 - Protection of Trademarks According to the Madrid Agreement

§ 107 Application of the Provisions of this Law
§ 108 Application for International Registration
§ 109 Fees
§ 110 Registration in the Register
§ 111 Subsequent Territorial Extension
§ 112 Effect of International Registration
§ 113 Examination for Absolute Bars to Protection
§ 114 Opposition
§ 115 Revocation of Protection a Posteriori
§ 116 Opposition and Application for Cancellation on the Basis of an Internationally Registered Trademark
§ 117 Exclusion of Claims because of Insufficient Use
§ 118 Consent in Case of Assignments of Internationally Registered Trademarks

Division 2 - Protection of Trademarks According to 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; Registration in the Register
§ 123 Subsequent Territorial Extension
§ 124 Analogous Application of the Provisions Concerning the Effect of the Trademarks Registered Internationally in Accordance with the Madrid Agreement
§ 125 Conversion of an International Registration

Division 3 - Community Trademarks

§ 125a Filing of Applications for Community Trademarks with the Patent Office
§ 125b Application of the Provisions of this Law
§ 125c Subsequent Declaration of Invalidity of a Trademark
§ 125d Conversion of Community Trademarks
§ 125e Community Trademark Courts; Litigations Concerning Community Trademarks
§ 125f Notification of the Commission
§ 125g Territorial Jurisdiction of the Community Trademark Courts
§ 125h Insolvency Proceedings

The German Trademark Act - Part 6

Appellations of Geographical Origin

Division 1 - Protection of Appellations of Geographical Origin

§ 126 Names, Indications or Signs Protected as Appellations of Geographical Origin
§ 127 Scope of Protection
§ 128 Claim to Cease and Desist; Claim for Damages
§ 129 Statutory Limitation

Division 2 - Protection of Geographical Indications and Designations of Origin According to Regulation (EEC) No. 2081/92

§ 130 Application for Registration of a Geographical Indication or Designation of Origin
§ 131 Application for Amendments to the Specification
§ 132 Opposition Proceedings
§ 133 Administrative Responsibilities in the Patent Office; Appeals; Appeals on a Point of Law
§ 134 Supervision
§ 135 Claim to Cease and Desist; Claim for Damages
§ 136 Statutory Limitation

Division 3 - Authorizations to Issue Statutory Orders

§ 137 Detailed Provisions for the Protection of Individual Appellations of Geographical Origin
§ 138 Other Provisions Concerning the Proceedings with Respect to Applications and Oppositions According to Regulation (EEC) No. 2081/92
§ 139 Provisions Issued for Implementing Regulation (EEC) No. 2081/92

The German Trademark Act - Part 7

Proceedings in Litigations Concerning Signs

§ 140 Litigations Concerning Signs
§ 141 Place of Jurisdiction for Claims Resulting from this Law and from the Unfair Competition Act
§ 142 Preferential Treatment with Regard to the Value of the Matter in Dispute

The German Trademark Act - Part 8

Provisions Concerning Fines and Penalties; Seizure During Importation and Exportation

Division 1 - Provisions Concerning Fines and Penalties

§ 143 Punishable Infringement of Signs
§ 144 Punishable Use of Appellations of Geographical Origin
§ 145 Provisions Concerning Penalties

Division 2 - Seizure of Goods During Importation and Exportation

§ 146 Seizure in the Case of an Infringement of Rights to a Sign
§ 147 Confiscation; Opposition; Release of Seizure
§ 148 Administrative Responsibilities; Legal Remedy
§ 149 Damages in the Case of Unjustified Seizure
§ 150 Seizure According to Regulation (EC) No. 3295/94
§ 151 Seizure in the Case of Unlawful Marking with Appellations of Geographical Origin

The German Trademark Act - Part 9

Transitional Provisions

§ 152 Application of this Law
§ 153 Limits for the Assertion of Claims Against Infringers
§ 154 Real Rights; Enforcement; Bankruptcy Proceedings
§ 155 Licensing
§ 156 Examination for Absolute Bars to Protection in the Case of Trademarks Applied for
§ 157 Publication and Registration
§ 158 Opposition Proceedings
§ 159 Division of an Application
§ 160 Duration of Protection and Extension
§ 161 Cancellation of a Registered Trademark because of Liability to Revocation
§ 162 Cancellation of a Registered Trademark because of Absolute Bars to Protection
§ 163 Cancellation of a Registered Trademark because of the Existence of Earlier Rights
§ 164 Reconsideration and Direct Appeal
§ 165 Transitional Provisions