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Part 3 · Proceedings in the course of trade mark matters  ›  Chapter 5 · Proceedings before the Federal Patent Court › Section 71

Costs of the appeal proceedings

(1) If several persons are involved in the proceedings, the Federal Patent Court may determine that the costs of the proceedings, including the costs incurred by the parties, in so far as they were necessary to appropriately safeguard the claims and rights, be imposed on one of the parties in full or in part if this is equitable. If no arrangement is made as to the costs, each party shall bear the costs incurred by the party itself.

(2) Costs may be imposed on the President of the German Patent and Trade Mark Office only if he or she has made requests after intervening in the proceedings.

(3) The Federal Patent Court may order the reimbursement of the appeal fee in accordance with the Patent Costs Act.

(4) Subsections (1) to (3) shall also apply if the party withdraws the appeal, the application for the trade mark, the opposition or the application for revocation or a declaration of invalidity in full or in part, or if the registration of the trade mark is cancelled in the Register in full or in part because of surrender or because of non-renewal of the duration of protection.

(5) In other respects, the provisions of the Code of Civil Procedure concerning the procedure for the assessment of costs (sections 103 to 107) and compulsory enforcement based on orders assessing the costs (sections 724 to 802) shall apply accordingly.

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