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Part 2 · Preconditions, scope and restrictions of the protection of trade marks and commercial designations, transfer and licence  ›  Chapter 1 · Trade marks and commercial designations, precedence and seniority › Section 6

Precedence and seniority

(1) If, in the case of a concurrence of rights within the meaning of sections 4, 5 and 13, their seniority is relevant in accordance with this Act for the purposes of establishing which rights take precedence, seniority shall be determined in accordance with subsections (2) and (3).

(2) The date of filing (section 33 (1)) or, if priority is claimed in accordance with section 34 or in accordance with section 35, the priority date shall be relevant for the purposes of establishing the seniority of trade marks that have been filed or registered.

(3) The point in time when the right was acquired shall be relevant for the purposes of establishing the seniority of rights within the meaning of section 4 nos. 2 and 3 and sections 5 and 13.

(4) If rights in accordance with subsections (2) and (3) have the same date as their seniority, the rights shall have equal ranking, and shall not give rise to any rights against one another.

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