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Part 3 · Proceedings in the course of trade mark matters  ›  Chapter 1 · Registration proceedings › Section 42

Opposition

(1) Within a three-month period after the date of the publication of the registration of the trade mark in accordance with section 41, the proprietor of an earlier trade mark or commercial designation may file an opposition against the registration of the trade mark. Within that period, persons entitled to invoke rights deriving from an earlier protected designation of origin or protected geographical indication may file an opposition against the registration of the trade mark.

(2) The opposition may only invoke that the trade mark may be cancelled

1.  because of an earlier trade mark applied for or registered in accordance with section 9,

2.  because of an earlier well-known mark in accordance with section 10 in conjunction with section 9,

3.  because of its registration for an agent or representative of the trade mark proprietor in accordance with section 11,

4.  because of an earlier trade mark not registered in accordance with section 4 no. 2 or of an earlier commercial designation in accordance with section 5 in conjunction with section 12, or

5.  because of an earlier designation of origin or geographical indication in conjunction with section 13.

(3) An opposition may be filed on the basis of one or more earlier rights if these rights belong to the same proprietor.

(4) The parties to opposition proceedings shall, at the request of both parties, be granted a period of at least two months to enable them to reach a friendly settlement.

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