L 123/88 Official Journal of the European Union 27.4.2004 COMMISSION REGULATION (EC) No 782/2004 of 26 April 2004 amending Regulation (EC) No 2868/95 the accession of the European Community to the Madrid Protocol (Text with EEA relevance) 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 ('), and in par- ticular Article 158 thereof, Whereas: (1)  Following the Council Decision approving the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the International Registration of Marks adopted at Madrid on 27 June 1989 (hereinafter ‘Madrid Protocol)) (3), it is necessary to adopt technical measures to implement Council Regu- lation (EC) No 1992/2003 of 27 October 2003 amending Regulation (EC) No 40/94 on the Community trade mark (). (2)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark () should therefore be amended according. (3)  The measures provided for in this Regulation are in accordance with the opinion of the Committee on fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade mark and designs), HAS ADOPTED THIS REGULATION: Article 1 Article 1 of Regulation (EC) No 2868/95 is amended as follows: 1. In Rule 12 a new subparagraph (m) are added: ‘(m) where applicable, a statement that the application results from a transformation of an international regis- tration designating the European Community pursuant to Article 156 of the Regulation, together with the date of the international registration pursuant to Article L 11 of 14.1.1994, L 296, 14.11.2003, 0. " O] p. L. () O] p-2 () OJ L 296, 14.11.2003, p. 1. (4 O] p. 1 L 303, 15.12.1995, 3(4) of the Madrid Protocol or the date on which the territorial extension to the European Community made subsequently to the international registration pursuant to Article 3 ter (2) of the Madrid Protocol was recorded and, where applicable, the date of priority of the inter- national registration.’ 2. Rule 84 shall be amended as follows: (a) In paragraph 2, a new subparagraph (p) is added: ‘(p) a statement that the application results from a trans- formation of an international registration desig- nating the European Community pursuant to Article 156 of the Regulation, together with the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date on which the territorial extension to the European Community made subsequently to the international registration pursuant to Article 3 ter (2) of the Madrid Protocol was recorded and, where applic- able, the date of priority of the international regis- tration.’ (b) In paragraph 3, the new subparagraphs (t), (u) and (v) are added: ‘t) the replacement of the Community trade mark by an international registration pursuant to Article 152 of the Regulation; (u) the date and number of an international registration based on the Community trade mark application which has been registered as a Community trade mark pursuant to Article 143(1) of the Regulation; (v) the date and number of an international registration based on the Community trade mark pursuant to Article 143(2) of the Regulation.’ 3. In Rule 89 a new paragraph 6 is added: ‘The files kept by the Office relating to international registra- tions designating the European Community may be inspected on request as from the date of publication referred to in Article 147(1) of the Regulation, under the conditions laid down in paragraphs (1), (3) and (4) and subject to Rule 88