Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark ( 1 ) as amended by Regulation (EC) No 3288/94 ( 2 ), and in particular Article 140 thereof,
Whereas Regulation (EC) No 40/94 (hereinafter ‘the Regulation’) creates a new trade mark system allowing a trade mark having effect throughout the Community to be obtained on the basis of an application to the Office for Harmonization in the Internal Market (trade marks and designs) (‘the Office’);
Whereas for this purpose, the Regulation contains the necessary provisions for a procedure leading to the registration of a Community trade mark, as well as for the administration of Community trade marks, for appeals against decisions of the Office and for proceedings for the revocation or invalidation of a Community trade mark;
Whereas Article 140 of the Regulation provides that the rules implementing the Regulation shall be adopted in an implementing regulation;
Whereas the implementing regulation is to be adopted in accordance with the procedure laid down in Article 141 of the Regulation;
Whereas this implementing regulation therefore lays down the rules necessary for implementing the provisions of the Regulation on the Community trade mark;
Whereas these rules should ensure the smooth and efficient operating of trade mark proceedings before the Office;
Whereas in accordance with Article 116 (1) of the Regulation, all the elements of the application for a Community trade mark specified in its Article 26 (1) as well as any other information the publication of which is prescribed by this implementing regulation should be published in all the official languages of the Community;
Whereas, however, it is not appropriate for the trade mark itself, names, addresses, dates and any other similar data to be translated and published in all the official languages of the Community;
Whereas the Office should make available standard forms for proceedings before the Office in all official languages of the Community;
Whereas the measures envisaged in this Regulation are in accordance with the opinion of the Committee established under Article 141 of the Regulation,
HAS ADOPTED THIS REGULATION:

( ¹ ) OJ No L 11, 14. 1. 1994, p. 1.

( ² ) OJ No L 349, 31. 12. 1994, p. 83