(1) The registration of a trade mark shall be declared invalid and cancelled on application if it has been registered contrary to sections 3, 7 or 8.
(2) If the trade mark has been registered contrary to section 3, 7 or 8 (2) nos. 1 to 13, the registration may only be declared invalid and cancelled if the ground for refusal still exists at the time of the decision on the application for a declaration of invalidity. Section 8 (2) no. 1, 2 or 3 shall not be applicable in invalidity proceedings if, before the application for a declaration of invalidity, the trade mark has become established in trade as a consequence of the use which has been made of it in relation to the goods and services for which it was registered, in the relevant section of the affected trade circles. If the trade mark has been registered contrary to section 8 (2) no. 1, 2 or 3, the registration may only be cancelled if the application for invalidity is lodged within ten years since the date of registration.
(3) The registration of a trade mark may be declared invalid and cancelled ex officio if it has been registered contrary to section 8 (2) nos. 4 to 14, and
1. invalidity proceedings are initiated within a period of two years from the date of registration;
2. the absolute ground for refusal in accordance with section 8 (2) nos. 4 to 13 continues to exist at the time of the decision on the declaration of invalidity; and
3. the registration has been manifestly made contrary to the provisions listed.
(4) If there is a ground for invalidity only for a part of the goods or services for which the trade mark has been registered, the registration shall only be declared invalid and cancelled for these goods or services.