(1) The proprietor of a registered trade mark may not assert rights vis-à-vis third parties within the meaning of sections 14 and 18 to 19c if the trade mark has not been used in accordance with section 26 within the last five years prior to the assertion of the right for the goods or services which he invokes to establish his right, in so far as at that time an opposition against the trade mark has not been possible for at least five years.
(2) If rights within the meaning of sections 14 and 18 to 19c are asserted for an infringement of a registered trade mark by means of an action, the claimant must demonstrate in response to an objection by the defendant that the trade mark has been used in accordance with section 26 within the last five years prior to the filing of the action for the goods or services he invokes in order to establish his right or that there are proper reasons for non-use, in so far as, at the date of filing of the action, an opposition against the trade mark has not been possible for at least five years. If the five-year period of non-use ends subsequent to the lodging of the action, the claimant shall demonstrate in response to an objection of the defendant that the trade mark has been used in accordance with section 26 within the last five years prior to the conclusion of the oral hearing or that there were proper reasons for non-use. The decision shall only take into consideration the goods or services for which use has been documented.