(1) Where the assertion of rights from a registered trade mark or the upholding of the registration depends on the trade mark having been used, it must have been seriously used in Germany by its proprietor for the goods or services in respect of which it is registered unless there are legitimate grounds for non-use.
(2) The use of the trade mark with the consent of the proprietor shall be deemed as use by the proprietor.
(3) The use of the trade mark in a form differing from the registration shall also constitute use of a registered trade mark, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor, in so far as the differing element does not alter the distinctive character of the trade mark.
(4) Use in Germany shall be deemed to also include the affixing of the trade mark on goods or their wrapping or packaging in Germany if the goods are exclusively intended for export.
(5) In so far as use is necessary within five years from the date from which an opposition against the trade mark is no longer possible, in cases in which an opposition has been filed against the registration, the expiry of the period for entering an opposition shall be substituted by the date on which the decision concluding opposition proceedings became final or the opposition was withdrawn.