The ruling of the Federal Supreme Court of 17th November 1999 (Bundesgerichtshof, Docket Nr. I ZBI/98) – “Acceleration Fee” (Beschleunigungsgebühr)

Repayment (which has not been explicitly provided for by law) of a fee for a request to speed up proceedings as provided for by § 38 II of the Trademark Act can be a consideration – “due to general principles governing fees and considerations concerning constitutional law” as well as to reasons of fairness – if the proceedings have not been accelerated due to reasons (such as work overload) within the German Patent and Trademark Office.