(1) A registered design is cancelled
1. upon the expiry of the term of protection;
2. in the case of surrender upon the request of the right holder if the consent of other holders of rights in the registered design who have been recorded in the Register and of the claimant in the case of proceedings in accordance with section 9 is submitted;
3. upon the request of a third party if a public or publicly certified document with such declarations as are referred to in no. 2 is submitted with the request;
4. in the case of consent to cancellation in accordance with section 9 or section 33 (6) sentence 1;
5. on the basis of a non-appealable decision or final and binding judgment in respect of the determination or declaration of invalidity.
The German Patent and Trade Mark Office may reject the cancellation by decision.
(2) If the right holder only partially disclaims the registered design in accordance with subsection (1) nos. 2 and 3, if the right holder declares his or her consent to cancellation of part of the registered design in accordance with subsection (1) no. 4 or if partial invalidity is determined in accordance with subsection (1) no. 5, then instead of cancellation of the registered design a corresponding entry is made in the Register.