(1) The acquisition of trade mark protection in accordance with section 4 shall grant to the proprietor of the trade mark an exclusive right.
(2) A third party shall be prohibited in trade, with regard to goods or services, without the consent of the proprietor of the trade mark, from
1. using a sign which is identical to the trade mark for goods or services which are identical to those for which it enjoys protection;
2. using a sign if the sign is identical or similar to a trade mark and is used for goods or services that are identical or similar to those covered by the trade mark and there is a likelihood of confusion on the part of the public, including the likelihood of association between the sign and the trade mark; or
3. using a sign identical with or similar to the trade mark for goods or services if the trade mark is a trade mark which has a reputation in Germany and the use of the sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark which has a reputation.
Goods and services shall not be regarded as being similar to each other merely on the ground that they appear in the same class under the classification system prescribed in the Nice Classification. Goods and services shall not be regarded as being dissimilar from each other merely on the ground that they appear in different classes under the Nice Classification.
(3) If the prerequisites of subsection (2) are met, it shall in particular be prohibited
1. to affix the sign to goods or their wrappings or packaging;
2. to offer goods under the sign, to put them on the market, or to stock them for the above purposes;
3. to offer or provide services under the sign;
4. to import or export goods under the sign;
5. to use the sign as a trade name or commercial designation or part of a trade name or commercial designation;
6. to use the sign in business papers or in advertising;
7. to use the sign in comparative advertising in a manner that is contrary to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376 of 27 December 2006, p. 21).
(4) Third parties shall be furthermore prohibited in trade without the authorisation of the proprietor of the trade mark
1. to affix a sign that is identical to the trade mark or a similar sign on wrappings or packaging or on means of identification such as labels, tags, badges or the like,
2. to offer, put on the market or stock for the listed purposes wrappings, packaging or means of identification which bear a sign that is identical to the trade mark or to a similar sign, or
3. to import or export wrappings, packaging or means of identification which bear a sign that is identical to the trade mark or to a similar sign
if there is a risk that the wrappings or packaging are used to wrap or package, or that the means of identification are used to identify goods or services with regard to which third parties would be prohibited from using the sign in accordance with subsections (2) and (3).
(5) Any person who uses a sign contrary to subsections (2) to (4) may, in the event of the risk of recurrent infringement, be sued by the proprietor of the trade mark for injunctive relief. This right may also be asserted in the event of the risk of a first-time infringement.
(6) Any person who performs the act of infringement intentionally or negligently shall be obliged to compensate the proprietor of the trade mark for the damage incurred by the act of infringement. When assessing the compensation, consideration may also be given to the profit which the infringer has obtained by infringing the right. The claim for compensation may also be calculated on the basis of the amount which the infringer would have been required to pay as equitable remuneration if he had obtained permission to use the trade mark.
(7) If the act of infringement is committed in a business operation by an employee or agent, the claim for injunctive relief and, in so far as the employee or agent acted intentionally or negligently, the claim for compensation may also be asserted against the proprietor of the business operation.