(1) The proprietor of the trade mark may claim by means of an action against the opponent that he has a right to the registration despite the cancellation of the registration in accordance with section 43.
(2) The action in accordance with subsection (1) shall be lodged within six months after the decision with which the registration has been cancelled ceases to be subject to appeal.
(3) The registration on the basis of a decision in favour of the proprietor of the trade mark shall be effected preserving the seniority of the registration.