55Likewise, no prohibition on a Member State from registering a sign as a national trade mark which, in the language of another Member State, is descriptive of the goods or services concerned, is to be inferred from provisions of secondary legislation. As the OHIM observed in its defence, the Community legislature has established a system based on the coexistence of the Community trade mark with national trade marks (see, in that regard, the fifth recital in the preamble to Regulation No 40/94). The OHIM further pointed out, rightly, in its defence that the validity of the registration of a sign as a national trade mark may not be called in question in proceedings for registration of a Community trade mark, but only in cancellation proceedings brought in the Member State concerned.
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