(1) Signs eligible for protection as a trade mark within the meaning of section 3 which are not capable of being represented on the Register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of protection shall be excluded from registration.
(2) The following trade marks shall not be registered
1. which are devoid of any distinctive character for the goods or services;
2. which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the services, or other characteristics of the goods or services;
3. which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade to designate the goods or services;
4. which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services;
5. which are contrary to public policy or to accepted principles of morality;
6. which contain state coats of arms, state flags or other state symbols or coats of arms of a domestic locality or of a domestic municipal or other local authority association;
7. which contain official signs or hallmarks indicating control or warranty;
8. which contain coats of arms, flags or other signs, seals or designations of international intergovernmental organisations;
9. which are excluded from registration, pursuant to German law, to European Union legislation or to international agreements to which the European Union or the Federal Republic of Germany is party, providing for protection of designations of origin and geographical indications;
10. which are excluded from registration pursuant to European Union legislation or international agreements to which the European Union is party, providing for protection of traditional terms for wine;
11. which are excluded from registration pursuant to European Union legislation or international agreements to which the European Union is party, providing for protection of traditional specialities guaranteed;
12. which consist of, or reproduce in their essential elements, an earlier plant variety denomination registered in accordance with German law or European Union legislation, or international agreements to which the European Union or the Federal Republic of Germany is party, providing for protection of plant variety rights, and which are in respect of plant varieties of the same or closely related species;
13. the use of which can evidently be prohibited in the public interest in accordance with other provisions, or
14. which have been applied for in bad faith.
(3) Subsection (2) nos. 1, 2 and 3 shall not apply if, prior to the point in time of the decision on registration, the trade mark has become established in the affected trade circles in consequence of the use made of it with respect to the goods or services for which the application was filed.
(4) Subsection (2) nos. 6, 7 and 8 shall also apply if the trade mark contains the imitation of a sign listed there. Subsection (2) nos. 6, 7 and 8 shall not apply if the applicant is authorised to include in the trade mark one of the signs listed there, even if it can be confused with one of the other signs listed there. Subsection (2) no. 7 shall furthermore not apply if the goods or services for which the trade mark application was filed are neither identical with nor similar to those for which the official sign or hallmark indicating control or warranty has been introduced. Subsection (2) no. 8 shall further not apply if the trade mark applied for is not suitable to create among the public the incorrect impression of a connection with the international intergovernmental organisation.