The provisions of this Act shall apply to trade marks which have been filed or registered in accordance with Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154 of 16 June 2017, p. 1) in the cases of nos. 1 and 2 directly and in the cases of nos. 3 to 6 accordingly as follows:
1. For the application of section 9 (relative grounds for refusal), earlier European Union trade marks filed or registered shall be deemed equivalent to the earlier trade marks filed or registered in accordance with this Act, but with the proviso that having a reputation in Germany in accordance with section 9 (1) no. 3 shall be replaced with having a reputation in the European Union in accordance with Article 9 (2) (c) of Regulation (EU) 2017/1001.
2. In addition to the rights in accordance with Articles 9 to 13 of Regulation (EU) 2017/1001, the proprietor of a registered European Union trade mark shall be entitled to the rights to compensation (section 14 (6) and (7)), destruction and recall (section 18), information (section 19), production and inspection (section 19a), securing of compensation claims (section 19b) and publication of judgments (section 19c).
3. If rights from a registered European Union trade mark are asserted against the use of a later trade mark registered in accordance with this Act, section 21 (1) shall apply accordingly.
4. If an opposition to the registration of a trade mark (section 42) is based on an earlier registered European Union trade mark, section 43 (1) shall apply accordingly with the proviso that the use of the earlier European Union trade mark in accordance with Article 18 of Regulation (EU) 2017/1001 shall take the place of the use of the earlier trade mark in accordance with section 26.
5. If an application (section 53 (1)) or an action (section 55 (1)) for revocation or a declaration of invalidity of the registration of a trade mark is based on an earlier registered European Union trade mark,
a) section 51 (2) sentence 1 shall apply accordingly;
b) section 53 (6) and section 55 (3) shall apply accordingly with the proviso that the use of the European Union trade mark in accordance with Article 18 of Regulation (EU) 2017/1001 shall take the place of the use of the earlier trade mark in accordance with section 26.
6. Requests for seizure on import and export may be filed by proprietors of registered European Union trade marks in the same manner as by proprietors of trade marks registered in accordance with this Act; sections 146 to 149 shall apply accordingly.