(1) The effects of a registered trade mark shall be deemed not to have taken place, as from the date of the application (section 53) or of filing the action (section 55) for revocation, to the extent to which the trade mark has been revoked. An earlier date, on which one of the grounds for revocation occurred, may be fixed in the decision at the request of one of the parties.
(2) The effects of a registered trade mark shall be deemed to not have taken place, as from the outset, to the extent that the trade mark has been declared invalid.
(3) Subject to the provisions on compensation for the damage caused by negligence or intentional conduct on the part of the proprietor of a trade mark as well as of the provisions on unjust enrichment, the cancellation of the registration due to revocation or invalidity of the trade mark shall not affect
1. decisions in infringement proceedings which have become final and have been enforced prior to the decision on the application for revocation or a declaration of invalidity, and
2. contracts concluded prior to the decision on the application for revocation or a declaration of invalidity in so far as they have been performed prior to this decision. However, repayment, to an extent justified by the circumstances, of sums paid under the relevant contract may be claimed on grounds of equity.