(1) The registration of a trade mark may be cancelled
1. if it is identical to an earlier trade mark applied for or registered and the goods or services for which it was registered are identical with the goods or services for which the earlier trade mark was applied for or registered;
2. if a likelihood of confusion exists, including the likelihood of association between the trade marks, for the public because of its identity with or similarity to an earlier trade mark applied for or registered and owing to the identity or similarity of the goods or services covered by both trade marks; or
3. if it is identical with or similar to an earlier trade mark applied for or registered if the earlier trade mark is a trade mark which has a reputation in Germany and the use of the registered trade mark would without due cause take unfair advantage of, or be detrimental to, the distinctive character or the repute of the trade mark which has a reputation.
(2) Applications for trade marks shall only constitute a ground for refusal within the meaning of subsection (1) if they are registered.
(3) Goods and services shall not be regarded as being similar to each other merely on the ground that they appear in the same class under the classification system (Nice Classification) provided for in the Geneva Act of 13 May 1977 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 (Federal Law Gazette [BGBl.] 1981 II, p. 358, 359). Goods and services shall not be regarded as being dissimilar from each other merely on the ground that they appear in different classes under the Nice Classification.