(2) To the extent that goods and services are similar, the provisions on commodity trademarks and external marks apply to service trademarks and service marks. (1) The trademark register is managed by the Patent Office. An application for trademark registration shall be submitted to the Patent Office in writing. When applying, it shall be accompanied by the name and logo of the enterprise using the trademark, a list of goods using the trademark and a clear copy of the trademark; If necessary, attach a trademark description.
(2) The Federal Minister of Justice may promulgate laws and regulations on other requirements of the application, or promulgate laws and regulations to grant this right to the Director of the Patent Office.
(3) An application fee shall be paid for each trademark registration application; For each category or subcategory of goods and services required to be protected in the attached classification table, the classification fee shall be paid according to the fee schedule. If the fee is not paid, the Patent Office will inform the applicant immediately. If it is not paid within one month after receiving the notice, its application for registration shall be deemed to have been withdrawn.
(4) When the application is withdrawn or the registration application is rejected, the amount specified in the fee schedule will be refunded.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 amend the classification of goods and services by decree. (1) The trademark registration book shall record the following items:
(1) Date of application for registration;
(two) according to the provisions of article second (a), the application should be accompanied by 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 (2)); Change the identity, name and address of the owner or agent;
(4) Extension of protection period;
(5) Date of trademark registration.
(2) Anyone can consult the trademark register. If anyone can show that he has a legitimate interest in the trademark, the patent office can allow him to consult the relevant documents according to his application.
(3) The registration and cancellation of each trademark shall be announced by the Patent Office in its regularly published catalogue (trademark bulletin). (1) Common names cannot be registered as trademarks.
(2) The following trademarks shall not be registered:
(1) Signs that lack discrimination, or consist entirely of numbers and letters, or only of words about the type, date, place of origin, nature, use, price, quantity or weight of goods;
(2) Marks containing the arms, national flags and other signs of any country, or regional arms, arms jointly organized by local self-government organs of that country, or arms jointly organized by other local self-government organs;
(3) It contains official inspection and certification marks, has been published in the Federal Gazette, and is only used on certain commodities at home and abroad;
(3) A trademark containing weapons, flags or other badges, seals or marks of international intergovernmental organizations has been published in the Federal Gazette and cannot be registered as a trademark;
(4) contains descriptions that make people feel ugly, or its contents are obviously inconsistent with the facts, which is in danger of deceiving the public;
(5) It has been used as a trademark by others on the same or similar goods and is well known by the relevant domestic trade circles;
(six) the same mark as the name of the plant variety that has been applied for and registered in the plant variety protection register or the plant variety register of the Federal Plant Variety Administration.
(3) The trademarks listed in the above item (2) (1) may be registered if they have become the marks that distinguish the applicant's products in trade.
(4) If the applicant is allowed to draw the national emblem, inspection or certification mark and other such marks in his trademark, the provisions in items (1), (2) and (3a) of paragraph (2) may not apply even though the trademark may be confused with the marks of other countries or international intergovernmental organizations in trade. In addition, the provisions of Item (3) of Paragraph (2) shall not apply if the goods applying for trademark registration are neither the same nor similar to those using inspection marks or certification marks. Where the commodity applying for trademark registration is botanically not the same plant variety as the registered plant variety, nor does it belong to an adjacent plant variety, the provisions of Item (6) of Paragraph 2 shall not apply.
(5) Where the applicant applies for trademark registration with the consent of a third party, the provisions of Item (5) of Paragraph 2 shall not apply. (1) If the application for registration meets the legal requirements (Articles 1 and 2 of this Law) and there are no obstacles to registration mentioned in Article 4, the Patent Office shall immediately order the publication of the application.
(2) When the application is published, 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 (Article 35 (2)), the attachment of the application specified in Article 2 (1) 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 of the same or similar goods previously applied for registration, he shall immediately draw the attention of the prior trademark owner to the published contents.
(4) Where the trademark of the identical or similar goods for which the trademark registration was previously applied is the same as the trademark currently applied for (Article 31), within three months after the announcement, an objection may be raised to the newly applied trademark registration according to the earlier application. Anyone abroad according to the original application
Please use or have obtained the right to use the trademark on the same or similar goods as the trademark currently applied for registration. If it can be proved that the applicant should protect the interests of the dissenter in business according to his employment contract or other contractual relationship, the applicant can raise an objection when applying for trademark registration during the duration of the contractual relationship without obtaining the consent of the dissenter. If it is not raised within the objection period, it cannot apply for restitution.
(5) During the objection period, pay a certain fee according to the fee schedule. If it is not paid, it shall be deemed that no objection has been raised.
(6) After the objection is raised, the Patent Office decides whether the trademarks are the same. Paragraph 4 of Article 35 of the Patent Law applies mutatis mutandis here. However, the Patent Office may decide that other expenses incurred in the objection procedure between the parties shall be repaid in whole or in part by one party, which is necessary for the reasonable protection of the rights and claims.
(7) When applying for the announcement of a registered trademark, the objected trademark has been registered in the trademark register for five years, and if the applicant objects to the use of the trademark, the objector shall indicate that he has used the trademark in the last five years before the announcement of the registered trademark. The use of the trademark by a third party with the consent of the objector is the same as the use of the trademark by the objector himself. When deciding whether the trademarks are the same, the Patent Office only needs to investigate the goods used by the dissidents to explain their uses. If the challenged trademark is registered in accordance with Article 6, and the registration of the trademark is the object of objection, the provisions in the first to third sentences can only be applied five years after the end of the objection procedure.
(8) If there is no objection, the trademark shall 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 special books. The Minister of Justice may delegate this power to the Director of the Patent Office by decree. (1) If the Patent Office confirms that the trademarks are different, register the newly applied trademarks.
(2) If the patent office confirms that the trademarks are identical, it shall immediately refuse to register. If the applicant claims that, despite this ruling, he still has the right to register, he should take the dissident as the defendant and file a lawsuit to request confirmation of his rights. The lawsuit shall be filed within one year from the date of the determination of the ruling confirming the same trademark. The successful registration of the applicant shall take effect from the date of the first application for registration.
(3) When the Patent Office confirms that the trademark applied for registration is the same as one or more trademarks that have been challenged, it may stop examining other objections before determining whether the trademark applied for registration should be registered.
(four) after the application is published (Article 5 (2)), the announcement of withdrawing the application or refusing to register.
Article 6- 1 [early registration]
(a) When the applicant states that he has legitimate interests and must register the trademark in advance, the Patent Office shall publish the application at the request of the applicant, not in the order of Article 5 (1). Where the application has been ordered to be published, the application shall be published instead of in the order of Item (2) of Article 5, and the trademark shall be registered.
(2) The above request shall be submitted to the Patent Office in writing within two weeks after receiving the publication order at the latest. During this period, the fees shall be paid according to the fee schedule; If it is not paid, it shall be deemed that no request has been made.
(3) After a trademark is registered, it shall be announced in accordance with Article 5 (2). You can object to trademark registration. Article 5 (3) to (7) and (9) shall apply mutatis mutandis to the objection procedure.
(4) If the patent office confirms that the trademarks are different, it shall reject the objection. Where the trademarks are confirmed to be identical, the trademarks registered in accordance with paragraph (1) shall be cancelled. After a trademark is cancelled, it is deemed to have never been registered. The above provisions shall not affect the provisions of the second to fourth sentences of Article 6. Article 6 (3) applies here mutatis mutandis. (1) The rights arising from the application for trademark registration or trademark registration may be inherited by the successor or transferred to a third party. When the right is transferred to others, the enterprise or part of the enterprise related to the trademark shall be transferred at the same time. Any other form of transfer agreement is invalid. After the successor of the right proves his inheritance to the Patent Office, the Patent Office shall register the transfer in the trademark register at the request of the successor of the right. If required, the fees shall be paid according to the fee schedule; If it is not paid, it shall be deemed that no request has been made.
(2) If the assignment is not registered in the trademark register, the successor of the right may not claim the rights arising from the trademark registration.
(3) The orders and decisions that the Patent Office should serve on the trademark owner shall be sent to the person registered as the owner in the register. If the registered owner has died, the Patent Office may decide on its own, or consider it served, or investigate the heirs to serve it. (1) The term of protection of a registered trademark is ten years from the date of application.
(2) The protection period can be extended by 10 year at a time. Nine years from the date of filing the application, or nine years from the date of the last renewal of the trademark whose protection period has been renewed, the renewal fee shall be paid according to the fee schedule, and the classification fee shall be paid for each category or subcategory that needs to continue to be protected, and the renewal shall take effect. If such fees are not paid within two months after the expiration of the protection period, late fees shall be paid according to the fee schedule. After the expiration of the two-month grace period, the Patent Office shall immediately notify the trademark owner. If the above fees and late fees are not paid within six months after the expiration of the protection period, or within one month after the notice is served (such period is later than six months after the expiration of the protection period), the trademark will be cancelled.
(3) If the trademark owner proves that he has financial difficulties and is temporarily unable to pay the renewal fee, the Patent Office may, at his request, give an extension notice. The patent office may stipulate that the payment shall be made in installments within a certain period of time, and then give notice of extension. If the installment payment fee is not paid on time at one time, 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 shall be cancelled.
(4) Where the trademark owner has not requested to suspend the issuance of the notice, but can prove that he is temporarily unable to pay the fee due to economic difficulties, if he can make a request within 14 days after the service of the notice, and his original failure to pay the fee is justified, even after the service of the notice, he can still postpone the payment of the fee and the late payment fee. It can also be postponed after paying part of the fee. If it fails to pay within the time limit, the Patent Office may reissue a reminder notice. After the second notice is served, it shall not be postponed again.
(5) Notice of extension upon request [Paragraph (3)] or notice of re-issuance after extension [Paragraph (4)] shall be issued within two years after payment is due at the latest. If the trademark is cancelled due to unpaid arrears, the paid fees will not be refunded. (1) At the request of the trademark owner, the trademark can be cancelled from the registration book at any time.
(2) In any of the following circumstances, the Patent Office shall revoke the trademark ex officio:
(1) After the expiration of the protection period, the protection period will not be extended (Article 9);
(2) Rejecting trademark registration. If the third party requests the cancellation of the trademark, it shall pay the fee according to the fee schedule; If the cancellation application is legal, the fee can be refunded or paid by the trademark owner; If the fee has not been paid, the cancellation application shall be deemed not to have been filed.
(3) According to the above paragraph (2), when a trademark should be cancelled, the Patent Office shall notify the owner in advance. Within one month after the notice is served, if the owner does not raise any objection, the trademark will be cancelled. When everyone raises an objection, the Patent Office decides whether to cancel it. When a third party requests the cancellation of a trademark, the provisions of Article 35 quater of the Patent Law shall apply mutatis mutandis to the expenses incurred in hearing statements or investigating evidence. (1) In any of the following circumstances, a third party may apply for cancellation of the trademark:
(1) The trademark has been used by a third party for the same or similar goods according to the original application, and has been registered in the registration book;
(1A) A third party obtains the trademark right of the same or similar goods in a foreign country according to the original application or use. If it can be proved that the person registered as the owner should protect the interests of the third party in business according to the employment contract or other contractual relationship concluded with him, he will not apply for trademark registration without the consent of the third party during the existence of the contractual relationship;
(2) The trademark owner stops the business related to the trademark;
(3) Under certain circumstances, the contents of the trademark are obviously inconsistent with the facts, which is in danger of deceiving the public;
(4) The trademark has been registered in the trademark register for five years, and the trademark owner did not use the trademark within five years before applying for cancellation, except that the trademark cannot be used during this period due to special circumstances. The second to fourth sentences of Article 5 (7) shall apply here mutatis mutandis.
(2) The request for revocation shall be made through litigation; The defendant is the registered owner or his successor in rights.
(3) If the trademark is transferred to others before or after the prosecution, the judgment in this case shall take effect for the obligee and have the force of enforcement. The provisions of Articles 66 to 69 and Article 76 of the Civil Procedure Law shall apply mutatis mutandis to the rights of the heirs who have the right to participate in litigation.
(4) In the case of Item (2) and Item (4) of Paragraph (1), a cancellation request may be filed with the Patent Office first. The Patent Office will notify the owner of the registered trademark of the cancellation request. If the trademark 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 requester shall decide for himself whether to sue for revocation of the trademark.
(5) If a trademark has not been used within five years after registration, or in the case specified in Article 6- 1, it has not been used within five years after the termination of the objection procedure, the trademark owner shall not use the trademark again to oppose the revocation request under the following circumstances:
(1) The trademark is only used after being threatened by a revocation request;
(2) A subsequent application for the same trademark on the same or similar goods shall not be used before the publication of Article 5 (2) and Article 6 (1) (3), and the applicant of the trademark or the successor of its rights shall apply for the cancellation of the trademark within six months after the publication.
(6) When the trademark of the objector is announced [Article 5 (2) and Article 6- 1 (3)], and when the conditions for revoking the trademark specified in Article 1 (4) are met, Item 1 (1) (1) Unless otherwise provided for in this Law, procedures such as applying for trademark registration, requesting transfer registration, objecting to the cancellation of a trademark and requesting restitution shall be handled by the Patent Office in accordance with the provisions of the Patent Law. Paragraph (4) of Article 43 of the Patent Law does not apply to trademarks.
(2) Established in the Patent Office:
(1) Examination Section-responsible for examining trademark registration applications and making decisions according to Article 5, paragraphs 1, 6 and 8 and Article 6, paragraph 1;
(2) Trademark Office-responsible for handling matters not stipulated by other departments of this Law, such as the transfer registration and cancellation of trademarks in the registration book; Each trademark is within its authority and has the task of consultation (Article 14).
(3) An official (examiner) who is familiar with law and technology or a middle-level civil servant is responsible for the work of the review section. However, intermediate civil servants cannot order or accept the oath, nor can they bring a lawsuit to the patent court according to the second paragraph of Article 46 of the Patent Law.
(4) When the Trademark Office makes a ruling, at least three people should attend. The director of the Trademark Office may handle all the affairs of the Trademark Office alone, except when making a ruling to revoke the trademark under the third sentence of Article 10 (3), or he may designate a member of the Trademark Office to undertake these tasks.
(5) The Federal Minister of Justice shall exercise the following powers by decree:
(1) In addition to the ruling to revoke the trademark and the consultation work (Article 14) stipulated in the third sentence of Article 10 (3), part of the work belonging to the Trademark Office is entrusted to middle-level civil servants.
(2) Entrust some work that is not difficult in law to ordinary civil servants, except for ruling on registration applications, objections and other requests.
The Federal Minister of Justice may, by decree, transfer the above authorization to the Director of the Patent Office.
(6) With regard to the withdrawal of examiners and staff of the Trademark Office, the provisions of Articles 41 to 44, Paragraph 2 of Article 45 and Articles 47 to 49 of the Civil Procedure Law on the withdrawal of court staff shall apply mutatis mutandis. Regarding the withdrawal of intermediate civil servants and ordinary civil servants, the above provisions shall also apply mutatis mutandis to the work of the review department or the Trademark Office. At this time, the provisions of the third sentence of Article 18 (6) of the Patent Law shall be applied mutatis mutandis. (1) To object to the rulings made by the intermediate civil servants of the censorship department and the Trademark Office. Objections may be filed with the Patent Office in writing within one month after the award is served. Paragraph (2) of Article 28 quinquies of the Patent Law applies mutatis mutandis here.
(two) for objections, by officials familiar with the law and technology to make a ruling. The first sentence and item (5) of Item (4) of Article 36-12 of the Patent Law shall apply mutatis mutandis here. (1) If there is no objection to the ruling of the review court or the Trademark Office [Article 12- 1 (1)], you can lodge a protest with the patent court.
(2) If the protest is accompanied by the following ruling:
(1) trademark registration application, objection or cancellation request; or
(2) If there is any objection to the ruling in item (1) above, the fees shall be paid according to the fee schedule during the protest. If the fee is not paid, the rejection certificate will be deemed not to have been submitted.
(3) In other respects, the procedural provisions of the Patent Law on filing objections with the patent court shall apply mutatis mutandis.
(4) The protest court of the patent court is composed of three legal personnel, and judges the protest filed by the ruling of the examination department and the Trademark Office. If the application for registration has been published, the oral debate on the protest decided by the review team shall be published. The provisions of Articles 172nd to 175th of the Organic Law of the Court shall apply mutatis mutandis here, except for the following two situations:
(1) If publicity affects the legitimate interests that the claimant should protect, it may not be publicized at the request of one party;
(2) Before the application for registration is published, it shall not be made public until the referee determines it.
The provisions of the second paragraph of Article 36-7 of the Patent Law shall apply mutatis mutandis to the oral arguments made by the Trademark Office.
(5) If you are dissatisfied with the court's ruling, you may lodge a protest with the federal court if the court is allowed to lodge a protest in the ruling. At this time, the provisions of Item (2) and Item (3) of Paragraph 16 of Article 41 and Paragraph 17 of Article 41 to Paragraph 25 of Article 41 of the Patent Law shall apply. (1) In the course of the trial, if all the appraisers make different appraisals on issues related to trademark registration, the Patent Office may make appraisals at the request of the court or the procuratorate.
(2) In other respects, the Patent Office has no right to make a ruling or make an evaluation without the consent of the Federal Ministry of Justice, except for the authority prescribed by law. (1) After the registration of a trademark, it has the following effects: only the trademark owner has the right to use the trademark on the goods of the application type, or on its packaging or foreskin, to put the goods with the trademark on the market, and to use the trademark in advertisements, price lists, business letters, instructions, invoices or other similar documents.
(two) after the cancellation of a trademark, all rights arising from registration shall not be claimed from the date of cancellation for legal reasons. (1) Although an industrial and commercial organization with legal person status does not engage in the business of manufacturing or selling commodities, it may apply for the registration of trademarks (collective trademarks) used by its members to indicate commodities in its business.
(2) Legal persons in public law enjoy the same rights as the above-mentioned organizations.
(3) Unless 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 in Item (1), Item (1), Item (3) and Item (4) of Paragraph 1 of Article 11, a third party may request the cancellation of a collective trademark under any of the following circumstances:
(1) The group that registered the collective trademark in its name no longer exists;
(2) The Group allows the use of trademarks in violation of its purpose and rules of use. When it allows others to use trademarks to deceive the public, it is regarded as illegal use of trademarks.
(2) In the case of paragraph (1), 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 use the collective trademark. (1) If someone illegally uses another person's name, trade name or trademark protected by this Law on the packaging or foreskin of a commodity, or in advertisements, price lists, business letters, brochures, invoices or other similar documents, or puts a commodity with such illegal marks on the market or sells it, the victim may ask him to stop this behavior.
(2) The person who intentionally or negligently commits the above-mentioned acts shall be responsible for compensating the victims for the losses they suffer.
(3) Whoever intentionally commits the above acts shall be sentenced to fixed-term imprisonment of not more than 6 months or a fine of not more than 180 days.
Article 25 [Illegal Use of External Signs of Commodities]
(1) Where an external mark of a commodity used in ordinary transactions is illegally used in commodities, commodity packages or outer packages, in advertisements, price lists, business letters, brochures, invoices or other similar documents to distinguish the same or similar commodities from others, or the commodity with the illegal mark is put on the market or sold, the victim may request him to stop the act.
(2) The person who intentionally or negligently commits the above-mentioned acts shall be responsible for compensating the victims for the losses thus suffered.
(3) Whoever intentionally commits the above acts shall be sentenced to fixed-term imprisonment of not more than 6 months or a fine of not more than 180 days. (1) Whoever intentionally or negligently makes false records about the place of origin, quality engineer or price of commodities on the packaging or foreskin of commodities in business operations, or intentionally puts commodities with such deceptive descriptions on the market or sells them, or uses such misleading descriptions in advertisements, business letters or other similar documents, shall be sentenced to fixed-term imprisonment of not more than six months or a fine of not more than 180 days. However, if
(2) A sign containing a place name or a sign derived from a place name, if used in a commodity, has lost its original meaning, or is used only as a commodity name or as a sign indicating the nature of the commodity in business, cannot be regarded as a false description of the place of origin mentioned in the preceding paragraph. (1) Any person who, without permission, uses the weapons, flags, national emblems, official inspection marks, certification marks or other marks mentioned in Article 4 (2) (2) (3) and (3) (1) as commodity marks is illegal.
(2) Impose a fine on the illegal acts listed in the preceding paragraph. (1) Foreign goods illegally affixed with German commodity names, German place names or trademarks protected by this Law and entering the areas where this Law is implemented for the purpose of import or transit may be detained at the request of the injured party, and a deposit shall be provided to remove their illegal marks.
(2) The seizure shall be executed by the customs; The customs may order necessary measures to remove illegal signs. If the customs order cannot be executed or lifted, the customs may order the confiscation of its goods.
(three) for the seizure and confiscation, you can lodge a complaint in accordance with the provisions of the "Public Security Punishment Law" on the complaint procedure for seizure and confiscation. At the hearing of the appeal, the appellant shall be examined. You can immediately lodge a protest against the seizure judgment made by the lower court; The protest was decided by the state high court. (1) After a guilty verdict is made in accordance with Articles 24 to 26, the court shall order the punished person to remove all illegal signs on the goods he occupies; If it cannot be cleared, the court shall declare that the goods shall not be used.
(2) When sentencing according to Articles 24 and 25, if the victim makes a request to publish the verdict and explains that it is in his legitimate interest to do so, the verdict can be published. The judgment shall determine the scope and manner of publication. (1) When a party claims the right of claim arising from the legal relationship stipulated in this Law through litigation, if it can be shown that the litigation expenses determined according to the total litigation price will obviously affect its economic situation, the court may, at the request of the party, order it to pay the judgment expenses, and may make adjustments according to its economic situation and the reduced litigation price. With this order, the winning party can also pay the lawyer according to the reduced litigation price. If the litigation costs are ordered to be borne by the winning party or the winning party bears the litigation costs, it shall pay the referee fees paid by the other party and their lawyers' remuneration to the extent of the reduced litigation price. Out-of-court expenses shall be borne by the other party, and if they are borne by the other party, the lawyer of the winning party may ask the other party to pay the remuneration due to the lawyer, but it shall be calculated according to the effective litigation price of the other party.
(2) The request specified in paragraph (1) may be stated and recorded before the court clerk. In this case, the request should be made before the oral argument. This request can only be granted if the court can increase the amount assumed or determined above in the future. Before ruling on such a request, the court shall ask the other party. (1) The state government has the right to designate one of several state courts as a trademark court by decree. This court has jurisdiction over all litigation cases brought according to the legal relationship stipulated in this law, except the state courts assigned to it. The state government can delegate this power to the state department of justice.
(2) At the request of the defendant, a case belonging to another state court may be transferred to the trademark court. This request can only be granted before the defendant makes oral arguments in this case. This request can also be made by a lawyer who is allowed to practice in the trademark court. The judgment of the court is final and binding on the court.
(3) A party may be represented in the trademark court by a lawyer licensed by other state courts. The same applies to the representation in the Court of Appeal.
(4) The expenses increased by a party due to the transfer in accordance with the provisions of paragraph (2) or the expenses increased by a party represented by a lawyer without the permission of the Court of Appeal in accordance with the provisions of paragraph (2) shall not be reimbursed.
(5) In trademark litigation cases, the expenses incurred by patent lawyers participating in litigation shall be paid in accordance with Article 11 of the Federal Lawyers' Remuneration Law, and other necessary expenses paid by patent lawyers. [Trademark Law and Law on the Prevention of Unfair Competition Claim Trial Record]
There is no need to claim the trial record of Article 14 of the Law on the Prevention of Unfair Competition for claims involving the legal relationship stipulated in this Law and claims arising from the provisions of the Law on the Prevention of Unfair Competition (1July 7, 909, last revised on1June 2, 965). (1) A person who is neither a German national nor has a business office in Germany can claim the protection of this law only if he declares in the Federal Gazette that German trademarks are protected by the same legal scope as trademarks in the country where his business office is located.
(2) An applicant for trademark registration or a trademark owner who has no business office in Germany can only request trademark protection and claim the rights arising from registration if he entrusts a domestic patent lawyer or lawyer as an agent. An agent has the right to act as an agent in civil litigation concerning trademarks in the case procedures of the Trademark Office and the Trademark Court. All cases in which the trademark owner is the defendant shall be under the jurisdiction of the court where the agent's business office is located; If there is no business office, it shall be under the jurisdiction of the court of the agent's domicile; If there is no domicile, it shall be under the jurisdiction of the court where the patent office is located.
(3) When applying for registration in foreign trademark, anyone must provide evidence to prove that he has applied for and obtained trademark protection in the country where his business office is located. If it is announced in the Federal Gazette that German trademarks can be registered in this country without similar certificates, such certificates can be exempted. If there are no provisions in international treaties, foreign trademark shall meet the conditions stipulated in this Law before it can be registered. (1) Unless otherwise provided by law, the organizational structure and operational procedures of the Patent Office shall be formulated by the Federal Minister of Justice, who shall also formulate the format for handling documents by decree.
(2) The Federal Minister of Justice has the right to order the collection of management fees by decree to make up for the expenses incurred by the Patent Office in providing services, unless otherwise provided by law; The Federal Minister of Justice has the right to:
(1) stipulates that fees such as certification fee, document fee, file consultation fee and information provision fee shall be charged.
(2) agree on the payer, the payment period, the obligation to pay in advance, the exemption and restriction of fees, and the method of determining fees.