(1) The German Patent and Trade Mark Office may summon and hear the parties at any time, may examine witnesses, experts and parties under oath or not under oath, take visual evidence, evaluate the evidentiary value of a furnished document and may undertake further examination as necessary to examine the matter. The provisions of Book 2 of the Code of Civil Procedure concerning such evidence and section 128a of the Code of Civil Procedure shall apply accordingly.
(2) Until the decision with which the proceedings are concluded, the applicant or proprietor of the trade mark or another party to the proceedings shall be heard on request if this is expedient. If the German Patent and Trade Mark Office does not consider a hearing to be expedient, it shall refuse the request. The decision to refuse the request shall not be independently contestable. In revocation or invalidity proceedings, a hearing shall be held if one of the parties so requests or if it is deemed expedient by the German Patent and Trade Mark Office.
(3) Minutes shall be drawn up of the hearings and taking of evidence containing the essentials of the proceedings and the relevant statements made by the parties. Sections 160a, 162 and 163 of the Code of Civil Procedure shall apply accordingly. The parties shall receive a copy of the minutes.