[eu]cite

Home› Intellectual Property› MarkenG (EN)

Part 3 · Proceedings in the course of trade mark matters  ›  Chapter 6 · Proceedings before the Federal Court of Justice › Section 85

Formal prerequisites

(1) The appeal on points of law shall be filed in writing with the Federal Court of Justice within one month of service of the order.

(2) The provisions set out in section 142 on reduction of the value in dispute shall apply accordingly in the proceedings on the appeal on points of law before the Federal Court of Justice.

(3) The appeal on points of law shall be reasoned. The time limit for submission of the grounds is one month. This period shall begin to run upon the filing of the appeal on points of law and may be extended by the presiding judge upon request.

(4) The grounds for the appeal on points of law shall contain the following:

1.  the declaration as to the extent to which the decision is being contested and its amendment or annulment is being requested;

2.  the indication of the violated legal provision; and

3.  if the appeal on points of law is based on the infringement of procedural provisions, the description of the facts which result in the defect.

(5) The parties shall be represented before the Federal Court of Justice by a lawyer as agent who has been admitted to practise before the Federal Court of Justice. At the request of one of the parties, his patent attorney shall be permitted to speak. In respect of the costs arising from the participation of a patent attorney, fees pursuant to section 13 of the Act on the Remuneration of Lawyers (Rechtsanwaltsvergütungsgesetz) as well as the necessary expenses of the patent attorney shall be reimbursed.

←→ also move between sections