(1) The special motion (Erinnerung) shall be available against the decisions of the Trade Mark Sections and the Trade Mark Divisions which have been issued by a civil servant of the higher intermediate service or a comparable employee. The special motion (Erinnerung) shall have a suspensive effect.
(2) The special motion (Erinnerung) shall be filed with the German Patent and Trade Mark Office within one month of service of the decision.
(3) If the civil servant or employee whose decision is contested regards the special motion (Erinnerung) as well founded, he shall rectify his decision. This shall not apply if the party that lodged the special motion (Erinnerung) is opposed by another party to the proceedings.
(4) A member of the German Patent and Trade Mark Office shall decide on the special motion (Erinnerung).
(5) The Trade Mark Section or the Trade Mark Division may order that the fee to be paid in accordance with the Patent Costs Act for the special motion (Erinnerung) shall be reimbursed in full or in part.
(6) In place of the special motion (Erinnerung), the appeal in accordance with section 66 may be lodged. If, in proceedings in which several persons are involved, one party has lodged a special motion (Erinnerung), and another party has lodged an appeal against a decision, the party that lodged the special motion (Erinnerung) may also lodge an appeal. If the appeal of the party that lodged the special motion (Erinnerung) is not lodged within one month of service of the appeal of the other party in accordance with section 66 (4) sentence 2, his special motion (Erinnerung) shall be deemed to have been withdrawn.
(7) It shall no longer be possible to rule on a special motion (Erinnerung) after an appeal has been lodged in accordance with subsection (6) sentence 2, or in accordance with section 66 (3). A decision on a special motion (Erinnerung) nonetheless issued after an appeal has been lodged shall be null and void.