(1) The international registration or the subsequent extension of protection of a mark whose protection in accordance with Articles 3 and 3ter of the Protocol Relating to the Madrid Agreement has been extended to the territory of the Federal Republic of Germany shall have the same effect as if the trade mark had been filed for recording and registered on the date of the international registration in accordance with Article 3 (4) of the Protocol Relating to the Madrid Agreement or on the date of the registration of subsequent extension of protection in accordance with Article 3ter (2) of the Protocol Relating to the Madrid Agreement in the Register kept by the German Patent and Trade Mark Office.
(2) The effect referred to in subsection (1) shall be deemed not to have accrued if the international registration is refused protection in accordance with sections 113 to 115.