(1) The appeal to the Federal Patent Court shall be available from the decisions of the Trade Mark Sections and the Trade Mark Divisions, without prejudice to the provision of section 64. The parties to the proceedings before the German Patent and Trade Mark Office shall be entitled to appeal. The appeal shall have suspensive effect.
(2) The appeal shall be filed in writing with the German Patent and Trade Mark Office within one month of service of the decision.
(3) If no decision has been taken regarding a special motion (Erinnerung) in accordance with section 64 within six months after its lodging, and if the party that lodged the special motion (Erinnerung) has made a request for a decision after expiry of this period, the appeal shall be admissible directly against the decision of the Trade Mark Section or the Trade Mark Division in derogation from subsection (1) sentence 1, if no decision has been taken on the special motion (Erinnerung) within two months after receipt of the request. If the party that lodged the special motion (Erinnerung) is opposed in the special motion (Erinnerung) proceedings by another party, sentence 1 shall apply with the proviso that the six-month time limit after the lodging of the special motion (Erinnerung) shall be replaced by a time limit of ten months. If the other party has also lodged a special motion (Erinnerung), the appeal in accordance with sentence 2 shall require the consent of the other party. The written declaration of consent shall be enclosed with the appeal. If the other party does not also lodge an appeal within a period of one month after service of the appeal in accordance with subsection (4) sentence 2, his special motion (Erinnerung) shall be deemed to have been withdrawn. The running of the periods in accordance with sentences 1 and 2 shall be suspended if the proceedings are stayed or if a party is granted a time limit at his request or because of binding provisions. The remaining part of the periods in accordance with sentences 1 and 2 shall commence after the ending of the suspension or after expiry of the time limit that has been granted. After the decision on the special motion (Erinnerung) has been taken, an appeal in accordance with sentences 1 and 2 shall no longer be available.
(4) Copies for the other parties shall be enclosed with the appeal and all written pleadings. The appeal and all written pleadings containing substantive motions or the declaration of withdrawal of the appeal or of a motion shall be served on the other parties ex officio. Other written pleadings shall be informally communicated to them unless service is ordered.
(5) If the unit whose decision is contested regards the appeal as well founded, it shall rectify its decision. This shall not apply if the appellant is opposed by another party to the proceedings. The unit may order that the appeal fee in accordance with the Patent Costs Act be reimbursed. If the appeal is not allowed in accordance with sentence 1, it shall be remitted to the Federal Patent Court within one month and without comment as to its merit. The appeal shall be submitted to the Federal Patent Court promptly in cases falling under sentence 2. In proceedings with no third-party participation within the meaning of sentence 2, a request for the grant of legal aid for the appeal proceedings shall be submitted to the Federal Patent Court for a preliminary ruling without delay.