(1) If the trade mark is excluded from registration in accordance with section 3, 8 or 10, the application shall be refused.
(2) If the examination reveals that the trade mark (section 33 (1)) did not meet the prerequisites of section 8 (2) no. 1, 2 or 3 on the date of filing, but that the ground for refusal no longer applies subsequent to the date of filing, the application may not be refused if the applicant declares his agreement that, regardless of the original date of filing, and of any priority claimed for instance in accordance with section 34 or section 35, the date on which the ground for refusal ceased to apply is deemed to be the date of filing and is relevant for the purposes of establishing seniority within the meaning of section 6 (2).
(3) An application shall be refused in accordance with section 8 (2) no. 4 or no. 14 only if the deceptive nature or bad faith is evident.
(4) An application shall only be refused in accordance with section 10 if the authorities know of the fact that the earlier trade mark is well known and if the further prerequisites of section 9 (1) no. 1 or 2 apply.
(5) Subsections (1) to (4) shall apply accordingly if the trade mark has only been excluded from registration for a part of the goods or services for which the application was filed.
(6) Before registration of the trade mark, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the German Patent and Trade Mark Office written observations, explaining on which grounds the trade mark should not be registered ex officio. Persons and groups or bodies may also submit to the German Patent and Trade Mark Office written observations, explaining on which grounds the application for a collective mark or certification mark is to be refused. Persons and groups or bodies shall not be parties to the proceedings before the German Patent and Trade Mark Office.