The registration of a trade mark may be cancelled if another person has acquired rights to a trade mark prior to the date that is relevant for the seniority of the registered trade mark within the meaning of section 4 no. 2 or to a commercial designation within the meaning of section 5 and these entitle him to prohibit the use of the registered trade mark in the entire territory of the Federal Republic of Germany.
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Part 2 · Preconditions, scope and restrictions of the protection of trade marks and commercial designations, transfer and licence › Chapter 2 · Prerequisites for the protection of trade marks by means of registration › Section 12
Earlier trade marks and commercial designations acquired by virtue of use
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