(1) The German Patent and Trade Mark Office shall examine whether
1. the application for the trade mark satisfies the requirements for the accordance of a date of filing in accordance with section 33 (1);
2. the application complies with the other conditions of filing;
3. the sufficient amount of fees has been paid; and
4. the applicant may be a proprietor of a trade mark in accordance with section 7.
(2) If deficiencies of the application ascertained in accordance with subsection (1) no. 1 are not remedied within a period set by the German Patent and Trade Mark Office, the application shall be deemed to have been withdrawn. If the deficiencies ascertained are remedied within that period, the date on which the deficiencies were remedied shall be accorded as the date of filing.
(3) If class fees are not subsequently paid within a period set by the German Patent and Trade Mark Office, or are not paid in a sufficient amount, or if the applicant does not specify which goods or service classes are to be covered by the amount of fees paid, first the leading class and then the other classes shall be accounted for in the order of the classification. In other respects, the application shall be deemed to be withdrawn.
(4) If other deficiencies are not remedied within a period determined by the German Patent and Trade Mark Office, the German Patent and Trade Mark Office shall refuse the application.
(5) If the applicant cannot be a proprietor of a trade mark in accordance with section 7, the German Patent and Trade Mark Office shall refuse the application.