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Part 4 · Collective marks › Section 105

Revocation

(1) The registration of a collective mark shall be revoked on application and cancelled in addition to the grounds for revocation listed in section 49

1.  if the proprietor of the collective mark no longer exists;

2.  if the proprietor of the collective mark does not take any suitable measures to prevent the collective mark from being used abusively in a manner contrary to the purposes of the association or the regulations governing use of the collective mark;

3.  if the manner in which the mark has been used by the authorised persons has caused it to become liable to mislead the public in the manner referred to in section 103 (2); or

4.  if an amendment to the regulations governing use of the collective mark has been entered in the Register contrary to section 104 (2), unless the proprietor of the collective mark once more amends the regulations governing use of the mark such that the ground for cancellation no longer exists.

(2) Abusive use within the meaning of subsection (1) no. 2 shall in particular be considered to have been committed if the use of the collective mark by persons other than those entitled to use is liable to mislead the public.

(3) The application for revocation in accordance with subsection (1) shall be made to the German Patent and Trade Mark Office. The proceedings shall be governed by section 53.

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