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Part 5 · Certification marks › Section 106h

Invalidity because of absolute grounds for refusal

(1) The registration of a certification mark shall be declared invalid on application and cancelled, in addition to the grounds for invalidity listed in section 50, if it has not been refused and has been registered contrary to section 106e. If the ground for invalidity relates to the regulations governing use of the certification mark, the registration shall not be declared invalid and cancelled if the proprietor of the certification mark amends the regulations governing use of the certification mark such that the ground for invalidity no longer exists.

(2) The application for a declaration of invalidity in accordance with subsection (1) shall be filed with the German Patent and Trade Mark Office. The procedure shall be governed by section 53.

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