(1) The registration of a trade mark shall be be revoked and cancelled on application if the trade mark has not been used within an uninterrupted period of five years in accordance with section 26, after the date from which opposition to it is no longer possible. The revocation of a trade mark may however not be claimed if use of the trade mark in accordance with section 26 has been commenced or resumed after the end of this period and prior to the filing of the application for revocation. If, however, use is commenced or resumed following an uninterrupted period of five years of non-use within three months prior to the filing of the application for revocation, it shall remain unconsidered in so far as the preparations for the first or renewed use did not take place until the proprietor of the trade mark became aware of the fact that an application for revocation might be filed. If the application for revocation is made to the German Patent and Trade Mark Office in accordance with section 53 (1), the application to the German Patent and Trade Mark Office shall remain relevant for the calculation of the three-month period in accordance with sentence 3 if the action for revocation in accordance with section 55 (1) is lodged within three months after service of the notice in accordance with section 53 (4).
(2) The registration of a trade mark shall furthermore be revoked and cancelled on application
1. if, as a consequence of acts or inactivity of the proprietor, the trade mark has become the common name in the trade of the goods or services in respect of which it is registered;
2. if, as a consequence of the use made of the trade mark by the proprietor or with his consent in respect of the goods or services in respect of which it is registered, the trade mark is liable to mislead the public particularly as to the nature, quality or geographical origin of those goods or services;
3. if the proprietor of the trade mark no longer complies with the prerequisites set out in section 7.
(3) If a ground for revocation applies only to a part of the goods or services for which the trade mark has been registered, the registration shall be revoked and cancelled in respect of those goods or services only.