(1) Any person who through no fault of his own was prevented from observing a time limit vis-à-vis the German Patent and Trade Mark Office or Federal Patent Court, where non-observance of which causes a legal disadvantage in accordance with legal provisions, shall have his rights re-established upon request. This shall not apply to the time limit for filing an opposition and for paying the opposition fee (section 6 (1) sentence 1 of the Patent Costs Act).
(2) The re-establishment of rights shall be requested within two months of removal of the cause of non-compliance.
(3) The request shall state the facts on which the re-establishment of rights is based. These facts shall be substantiated when the request is filed or in the proceedings concerning the request.
(4) The omitted act shall be completed within the period for making the request. Where this is done, the re-establishment of rights may also be granted without request.
(5) The re-establishment of rights can no longer be requested and the omitted act no longer be completed one year after the expiry of the period which was not observed.
(6) The unit competent to decide on the completed act shall decide on the request.
(7) The re-establishment of rights shall be final.
(8) Where the proprietor of a trade mark has his rights re-established, he may not invoke rights with regard to these acts vis-à-vis third parties who, in good faith, have put goods on the market or supplied services under a sign identical with or similar to the trade mark in the course of the period between the loss of the right in the registration of the trade mark and the re-establishment of rights.