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Part 10 · Transitional provisions › Section 158

Transitional provisions

(1) Article 229 paragraph 6 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch) shall apply accordingly, with the proviso that section 20 in the version in force until 1 January 2002 shall be treated as equivalent to the provisions of the German Civil Code on limitation in the version in force until 1 January 2002.

(2) If the application was filed prior to 1 October 2009, section 42 (1) and (2) in the version valid up to 1 October 2009 shall be applicable to the opposition filed against the registration.

(3) If the application was filed between 1 October 2009 and 14 January 2019, section 42 (1) and (2) in the version valid up to 14 January 2019 shall be applicable to the opposition filed against the registration.

(4) If the opposition was filed before 14 January 2019, section 42 (3) and (4) shall not apply.

(5) If, in proceedings relating to an opposition filed before 14 January 2019, the use of the trade mark on which the opposition is based is disputed, or if such use is disputed in such opposition proceedings, sections 26 and 43 (1) in the version valid up to that date shall continue to be applicable.

(6) If the request for cancellation of a registered trade mark because of revocation under Section 49 was filed before 14 January 2019 or the action for cancellation because of revocation or earlier rights under section 51 was brought before that date, section 49 (1), section 51 (4) no. 1, section 55 (3) and section 26 in their version valid up to that date shall continue to be applicable.

(7) Section 8 (2) nos. 9 to 12 shall not apply to trade marks which have been applied for at the German Patent and Trade Mark Office before 14 January 2019.

(8) Section 50 (2) sentence 1 shall apply only to applications pursuant to section 50 (1) that were filed after 14 January 2019. If the application under section 50 (1) was filed before 14 January 2019, section 50 (2) in its previous version shall be applicable.

(9) Sections 64 and 66 in the version valid until 1 October 2009 shall apply to special motions (Erinnerung) and appeals which were lodged prior to 1 October 2009. The date of the lodging of the appeal shall be relevant for the applicability of the listed provisions to multilateral proceedings in which one party has lodged a special motion (Erinnerung) and another party has lodged an appeal.

(10) Section 102 (4) shall not apply to collective marks registered before 14 January 2019.

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