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Part 5 · Certification marks › Section 106g

Revocation

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

1.  if the proprietor of the certification mark does no longer comply with the requirements of section 106b;

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

3.  if the manner in which the certification mark has been used by the authorised persons has caused it to become liable to mislead the public pursuant to section 106e (2); or

4.  if an amendment to the regulations governing use of the certification mark has been entered in the Register contrary to section 106f (2) in accordance with section 106d (3), unless the proprietor of the certification mark once more amends the regulations governing use of the certification mark such that the ground for revocation 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 certification mark by persons other than those who have the authority to use is liable to deceive the public.

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

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