(1) Any person who, in trade, unlawfully
1. uses a sign contrary to section 14 (2) sentence 1 no. 1 or 2;
2. uses a sign contrary to section 14 (2) sentence 1 no. 3 with the intention to take advantage of or be detrimental to the distinctive character or the repute of a trade mark which has a reputation;
3. affixes a sign contrary to section 14 (4) no. 1 or offers, puts on the market, stocks, imports or exports contrary to section 14 (4) no. 2 or 3 a wrapping or packaging or a means of identification, in so far as to third parties the use of the sign
a) would be prohibited in accordance with section 14 (2) sentence 1 no. 1 or 2; or
b) would be prohibited in accordance with section 14 (2) sentence 1 no. 3 and the act is carried out with the intention of facilitating the taking advantage of or impairment of the distinctive character or the repute of a trade mark which has a reputation;
4. uses a designation or a sign contrary to section 15 (2); or
5. uses a designation or a sign contrary to section 15 (3) with the intention to take advantage of or be detrimental to the distinctive character or the repute of a commercial designation which has a reputation
shall be liable to imprisonment of up to three years or a fine.
(1a) (repealed)
(2) If the offender acts on a commercial basis or as a member of a gang formed for the purpose of the continued commission of such offences in cases coming under subsection (1), the penalty shall be imprisonment for between three months to five years.
(3) An attempt shall be punishable.
(4) In the cases referred to in subsection (1), the offence shall be prosecuted upon motion only, unless the criminal prosecution authorities consider ex officio intervention imperative on account of the particular public interest in criminal prosecution.
(5) Objects to which the criminal offence relates may be confiscated. Section 74a of the Criminal Code (Strafgesetzbuch) shall apply. Where the claims to destruction referred to in section 18 are upheld in proceedings pursuant to the provisions of the Code of Criminal Procedure governing compensation for the aggrieved person (sections 403 to 406c of the Code of Criminal Procedure), the provisions on confiscation (sections 74 to 74f of the Code of Criminal Procedure) shall not apply.
(6) Where a penalty is imposed, an order shall be made upon motion by the aggrieved party and upon demonstration of a legitimate interest to the effect that the conviction be made public upon demand. The nature of the publication shall be laid down in the judgment.
(7) (repealed)