(1) If a request for conversion of a European Union trade mark applied for or registered has been transmitted to the German Patent and Trade Mark Office in accordance with Article 139 (3) of the Regulation on the European Union trade mark, the fee and the class fees in accordance with the Patent Costs Act for the conversion proceedings shall become due on receipt of the request for conversion by the German Patent and Trade Mark Office.
(2) If the conversion request relates to a trade mark which was not yet registered as a European Union trade mark, the conversion request shall be treated in the same way as the application for entry of a trade mark in the Register of the German Patent and Trade Mark Office, with the proviso that the date of filing of the European Union trade mark in accordance with Article 32 of the Regulation on the European Union trade mark or the date of a priority claimed for the European Union trade mark shall take the place of the date of filing in accordance with section 33 (1). If the seniority of a trade mark entered in the Register of the German Patent and Trade Mark Office had been claimed for the application for the European Union trade mark in accordance with Article 39 of the Regulation on the European Union trade mark, this seniority shall take the place of the date that is relevant in accordance with sentence 1.
(3) If the conversion request relates to a trade mark which was already registered as a European Union trade mark, the German Patent and Trade Mark Office shall directly enter the trade mark in the Register with no further examination in accordance with section 41 (1), retaining its original seniority. No opposition may be lodged against the registration.
(4) In other respects, the provisions of this Act for the application of trade marks shall apply to conversion requests.