(1) The application for revocation (section 49) and a declaration of invalidity because of absolute grounds for refusal (section 50) and the existence of earlier rights (section 51) shall be filed in writing with the German Patent and Trade Mark Office. The facts and evidence which serve as grounds shall be given. Section 81 (6) of the Patent Act (Patentgesetz) shall apply accordingly to the provision of security. The application shall be inadmissible to the extent that a decision by final order or final judgment has already been taken on the same subject matter of dispute between the parties. This shall also apply if an action pursuant to section 55 is pending at law concerning the same subject matter of dispute between the parties. Section 325 (1) of the Code of Civil Procedure (Zivilprozessordnung) shall apply accordingly. If several applications are filed between the same parties in accordance with sentence 1, they may be combined and may be decided on by order in one procedure.
(2) The application for revocation or a declaration of invalidity because of absolute grounds for refusal may be filed by any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, and which may be party to the proceedings.
(3) The application for a declaration of invalidity because of the existence of earlier rights may be filed by the proprietor of the earlier rights listed in sections 9 to 13 and persons entitled to assert the rights based on a protected geographical indication or a protected designation of origin.
(4) If an application for revocation or a declaration of invalidity is filed or invalidity proceedings are initiated ex officio, the German Patent and Trade Mark Office shall serve a notice thereof on the proprietor of the registered trade mark and shall invite him to make a statement on the application or the proceedings initiated ex officio within two months of service of the notice.
(5) If the proprietor does not object to the cancellation because of revocation or a declaration of invalidity within the period stated in subsection (4), the trade mark shall be revoked or declared invalid and the registration shall be cancelled. If the application for a declaration of invalidity is objected to within the time limit, the German Patent and Trade Mark Office shall notify the applicant of the objection. If the application for revocation is objected to within the time limit, the German Patent and Trade Mark Office shall serve the objection on the applicant. The revocation proceedings shall only be continued if the fee to pursue the revocation proceedings further pursuant to the Patent Costs Act (Patentkostengesetz) is paid within one month after service of the objection. Otherwise, the revocation proceedings are deemed to be concluded.
(6) If the application for a declaration of invalidity because of the existence of earlier rights has been filed by the proprietor of an earlier registered trade mark, he shall prove in response to an objection on the part of the person objecting to the application that the trade mark has been used in accordance with section 26 within the last five years prior to the filing of the application, in so far as an opposition against the trade mark has not been possible for at least five years at that date. If an opposition was filed, the period of five years is calculated as from the date on which the decision ending the opposition proceedings became final or the opposition was withdrawn. If the period of five years of non-use ends after the filing of the application, the applicant shall prove in response to an objection on the part of the person objecting to the application that the trade mark has been used in accordance with section 26 within the last five years prior to the decision. If the earlier trade mark was already registered for at least five years on the filing date or priority date of the later trade mark, the applicant shall also prove in response to an objection on the part of the person objecting to the application that, on that date, the registration of the earlier trade mark could not have been declared invalid pursuant to section 49 (1). Only those goods or services for which use has been proved shall be taken into account in the decision. Proof may also be provided by an affirmation in lieu of an oath.
(7) If the right arising from the registration of the trade mark has been transferred or passed on to another person, the decision on the merits themselves shall also be effective and executable against the successor. Sections 66 to 74 and 76 of the Code of Civil Procedure shall apply accordingly to the power of the successor to accede to the legal dispute.