(1) If an action to cancel the registration of a trade mark was lodged prior to 1 January 1995 on the basis of an earlier trade mark applied for in accordance with section 11 (1) no. 1 of the former Trade Mark Act or on the basis of another earlier right, the registration shall only be cancelled if the action is to be granted both in accordance with the provisions applicable previously, and in accordance with the provisions of this Act, unless provided otherwise in subsection (2). This shall also apply if after 1 January 1995 an action was filed, in accordance with section 55, for the cancellation of the registration of a trade mark or, after 1 May 2020 in accordance with Section 53, an application for revocation and a declaration of invalidity was filed for a trade mark which was registered prior to 1 January 1995.
(2) Section 51 (2) sentences 1 and 2, shall not apply in cases falling under subsection (1) sentence 1. Section 51 (2) sentences 1 and 2, shall apply in cases falling under subsection (1) sentence 2, with the proviso that the time limit of five years starts to run as per 1 January 1995.