(1) If the opposition has been lodged by the proprietor of an earlier registered trade mark, he shall, if the other party files an objection of non-use, furnish proof that the trade mark, within the last five years prior to the date of filing or priority of the trade mark which is targeted by the opposition, has been used in accordance with section 26 in so far as an opposition against it has not been possible for at least five years at that point in time. Proof may also be provided by an affirmation in lieu of an oath. Only those goods and services shall be taken into consideration in the decision with respect to which use has been proved.
(2) If the examination of the opposition reveals that the trade mark is to be cancelled for all or part of the goods or services in respect of which it is registered, the registration shall be cancelled in full or in part. If the registration of the trade mark cannot be cancelled, the opposition shall be refused.
(3) If the registered trade mark is to be cancelled because of one or several earlier trade marks, the proceedings on further oppositions may be suspended until a decision has been handed down with legal force on the registration of the trade mark.
(4) Section 52 (2) and (3) shall apply accordingly in the event of cancellation in accordance with subsection (2).