(1) Where the trade mark application has been refused upon failure to comply with a time limit set by the German Patent and Trade Mark Office, the decision shall become ineffective without the need for its express annulment if the applicant requests further processing of the application and completes the omitted act.
(2) The request shall be filed within one month of service of the decision to refuse the trade mark application. The omitted act shall be subsequently carried out within this period.
(3) Re-establishment of rights shall be ruled out in respect of non-observance of the period under subsection (2) and the period for payment of the further processing fee under section 6 (1) sentence 1 of the Patent Costs Act.
(4) The unit competent to decide on the completed act shall decide on the request.