(1) The duration of protection of a registered trade mark shall be ten years, calculated from the date of filing the application (section 33 (1)).
(2) The registration of the trade mark shall be renewed for a further ten years, at the request of the proprietor of the trade mark or any person authorised to do so by law or by contract, provided that the renewal fee has been paid.
(3) The renewal of the duration of protection may also be effected by payment of a renewal fee and a class fee for each class to be renewed as from the fourth class of the classification of goods and services. Receipt of payment is deemed to be a request by the proprietor of the trade mark or an authorised person in accordance with subsection (2).
(4) If the fees only relate to a part of the goods or services for which the trade mark is registered, the duration of protection shall only be renewed for these goods or services. If only the required class fees are not paid, the duration of protection, unless sentence 1 applies, shall be renewed only for the classes for which the fees paid suffice. If there is a leading class, it shall be given priority. In other respects, the classes shall be taken into account in the order of the classification.
(5) The German Patent and Trade Mark Office shall inform the proprietor of the trade mark of the expiry of the duration of protection at least six months before the said expiry. Failure to give such information shall not involve the liability of the German Patent and Trade Mark Office.
(6) The request for renewal shall be submitted in the six-month period prior to the expiry of the duration of protection. Failing this, the request may be submitted within a further period of six months following the expiry of the duration of protection.
(7) The renewal of the duration of protection shall become effective on the day after the expiry of the previous duration of protection. It shall be recorded in the Register and published.
(8) If the duration of protection is not renewed, the registration of the trade mark shall be cancelled with effect from the expiry of the duration of protection.