(1) If the seniority of a trade mark that has been entered in the Register of the German Patent and Trade Mark Office has been claimed in accordance with Article 39 or 40 of the Regulation on the European Union trade mark for a European Union trade mark which has been filed or registered, and if the trade mark that has been entered in the Register of the German Patent and Trade Mark Office has been cancelled because of non-renewal of the duration of protection in accordance with section 47 (8) or because of surrender in accordance with section 48 (1), on request the invalidity (Ungültigkeit) of this trade mark may be subsequently found because of revocation or because of invalidity. In this case, the seniority has no effect.
(2) The finding of invalidity (Ungültigkeit) shall take place subject to the same prerequisites as revocation or a declaration of invalidity. However, the invalidity (Ungültigkeit) of a trade mark because of revocation in accordance with section 49 (1) may only be found if the prerequisites for revocation in accordance with this provision also already applied at the time when the trade mark was cancelled because of non-renewal of the duration of protection or because of surrender.
(3) The proceedings for a finding of invalidity (Ungültigkeit) shall be in accordance with the provisions applicable to revocation and invalidity proceedings of a registered trade mark, with the proviso that the finding of its invalidity (Ungültigkeit) shall take the place of revocation or a declaration of invalidity.