(1) A trade mark shall be excluded from registration if it is identical with or similar to an earlier trade mark that is well known in Germany within the meaning of Article 6bis of the Paris Convention and if the further prerequisites of section 9 (1) no. 1, 2 or 3 are met.
(2) Subsection (1) shall not apply if the applicant has been authorised to file an application by the proprietor of the well-known mark.