9.3.2004 Official Journal of the European Union L 70/1 (Acts whose publication is obligatory) 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) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 308 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (*), Having regard to the opinion of the European Economic and Social Committee (), Whereas: (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (°), set up a unitary system of protection of trade marks throughout the Member States via Community registration. This system has generally fulfilled users' expectations satisfactorily. It has also had a positive effect on the effective achieve- ment of the internal market. (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. (3)  The Community trade mark system should be made accessible to all, without any requirement of reciprocity, equivalence andfor nationality. This would also encou- rage trade on the world market. Such requirements make the system complex, inflexible and ineffective. In addition, in the context of the new Community design system, the Council took a flexible line on this question. () In order to rationalise the procedure, the search system should be amended. 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. Furthermore, (") Opinion delivered on 23 September 2003 (not yet published in the Official Journal). () O] C 208, 3.9.2003, p. 7. () OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No'1992/2003 (O] L 296, 14.11.2003, p. 1). measures should be provided with a view to improving the quality of the search reports, ensuring greater unifor- mity by using a standard form and laying down their essential contents. (5)  Certain measures should be taken in order to give the Boards of Appeal additional means of speeding up their decisions and improving their operation. (6)  The experience acquired in the application of the system highlighted the possibility of improving certain aspects of the procedure. Consequently, certain points should be amended and others inserted in order to offer users a higher-quality product which is still competitive, HAS ADOPTED THIS REGULATION: Atrticle 1 Regulation (EC) No 40/94 is hereby amended as follows: 1. Article 5 shall be replaced by the following: ‘Article 5 Persons who can be proprietors of Community trade marks Any natural or legal person, including authorities estab- lished under public law, may be the proprietor of a Com- munity trade mark.’; 2. in Article 7(1), the following point shall be added: ‘(k) trade marks which contain or consist of a designation of origin or a geographical indication registered in accordance with Regulation (EEC) No 2081/92 when they correspond to one of the situations covered by Article 13 of the said Regulation and regarding the same type of product, on condition that the applica- tion for registration of the trade mark has been submitted after the date of filing with the Commission of the application for registration of the designation of origin or geographical indication.’;