(1) The applicant may divide the application by declaring that the application for the trade mark shall continue to be dealt with as a divisional application for the goods and services listed in the declaration of division. The seniority of the original application shall be retained for each divisional application.
(2) If the fee in accordance with the Patent Costs Act (Patentkostengesetz) for the division proceedings is not paid within three months after receipt of the declaration of division, the separated application shall be deemed to have been withdrawn. The declaration of division cannot be revoked.