(1) Trade Mark Sections and Trade Mark Divisions shall be established at the German Patent and Trade Mark Office to conduct proceedings in trade mark matters.
(2) The Trade Mark Sections shall be competent for the examination of trade marks applied for and for taking decisions in the registration proceedings. The tasks of a Trade Mark Section shall be performed by a member of the German Patent and Trade Mark Office (examiner). The tasks may also be carried out by an official of the higher intermediate service or by a comparable employee. Officials of the higher intermediate service and comparable employees shall however not be entitled to order an oath to be sworn or to administer an oath or to address a request in accordance with section 95 (2) to the Federal Patent Court.
(3) The Trade Mark Divisions shall have jurisdiction for those matters which do not fall within the jurisdiction of the Trade Mark Sections. The tasks of a Trade Mark Division shall be carried out by a team composed of at least three members of the German Patent and Trade Mark Office. The chair of a Trade Mark Division may work alone on all matters falling within the jurisdiction of the Trade Mark Division, with the exception of the decision on revocation or a declaration of invalidity of a trade mark in accordance with section 53, or transfer such matters to a member of the Trade Mark Division for processing.