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Part 2 · Preconditions, scope and restrictions of the protection of trade marks and commercial designations, transfer and licence  ›  Chapter 5 · Trade marks as objects of property › Section 29

Rights in rem, levy of execution, insolvency proceedings

(1) The right arising from the registration of a trade mark, the use of a trade mark or the fact of being a well-known mark may be

1.  pledged or form the object of another right in rem, or

2.  the object of measures of levy of execution.

(2) Where the rights referred to in subsection (1) no. 1 or the measures referred to in subsection (1) no. 2 concern the right arising from the registration of a trade mark, they shall be recorded in the Register upon the request of one of the parties if proof thereof is furnished to the German Patent and Trade Mark Office.

(3) Where the right arising from the registration of a trade mark is involved in insolvency proceedings, this shall be recorded in the Register upon application of the insolvency administrator or request of the insolvency court. In the case of personal management (section 270 of the Insolvency Statute [Insolvenzordnung]), the insolvency custodian shall take the place of the insolvency administrator.

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