(1) The German Patent and Trade Mark Office shall ascertain the facts ex officio. It shall not be bound by the pleadings and the motions to take evidence filed by the parties.
(2) If the decision of the German Patent and Trade Mark Office is to be based on circumstances which have not yet been communicated to the applicant or to the proprietor of the trade mark or to another party to the proceedings, he shall first be given the opportunity to comment within a specific time limit.