It should remain compulsory for Community trade marks, but it should be made optional, subject to the payment of a fee, for searches in the trade mark registers of the Member States which notified their own decision to carry out such a search. (4) In order to rationalise the procedure, the search system should be amended. In addition, in the context of the new Community design system, the Council took a flexible line on this question. Such requirements make the system complex, inflexible and ineffective. This would also encourage trade on the world market. (3) The Community trade mark system should be made accessible to all, without any requirement of reciprocity, equivalence and/or nationality. (2) The functioning of the system has made it possible to identify other aspects which could clarify and further supplement it, thereby making it possible to improve the effectiveness of the system, increase the value it adds and anticipate, as of now, the consequences of additional members in future, without it being necessary to change the substance of the system, which has proven itself to be perfectly valid with regard to the objectives set. It has also had a positive effect on the effective achievement of the internal market. This system has generally fulfilled users' expectations satisfactorily. (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark(3), set up a unitary system of protection of trade marks throughout the Member States via Community registration. Having regard to the opinion of the European Economic and Social Committee(2), Having regard to the opinion of the European Parliament(1), Having regard to the proposal from the Commission, Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, No longer in force, Date of end of validity: Implicitly repealed by 32009R0207Īmending Regulation (EC) No 40/94 on the Community trade mark 27 - 33 Special edition in Romanian: Chapter 17 Volume 002 P. 3 - 9 Special edition in Bulgarian: Chapter 17 Volume 002 P. 3 - 9 Special edition in Slovene: Chapter 17 Volume 002 P. 3 - 9 Special edition in Slovak: Chapter 17 Volume 002 P. 3 - 9 Special edition in Polish: Chapter 17 Volume 002 P. 3 - 9 Special edition in Maltese: Chapter 17 Volume 002 P. 3 - 9 Special edition in Hungarian Chapter 17 Volume 002 P. 3 - 9 Special edition in Lithuanian: Chapter 17 Volume 002 P. 3 - 9 Special edition in Latvian: Chapter 17 Volume 002 P. 3 - 9 Special edition in Estonian: Chapter 17 Volume 002 P. (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV) Special edition in Czech: Chapter 17 Volume 002 P. Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark (Text with EEA relevance)
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