What is 120 of 99

Sunrider / OHMI (TOP) - Community trademark - word mark TOP - rejection of ...

14 In that decision, the Board of Appeal represented, first, referring in particular to the judgment of the General Court of 12 July 2001 in the case T-120/99 (Kik v OHIM, 2001 Coll. II-2235, Para. 61) took the view that the power granted to OHIM by Article 115 (4) of Regulation No 40/94 to also choose the second language indicated by the applicant for written communications to the applicant for a Community trade mark should be strictly interpreted and not involve procedural acts The nature of a decision (paragraphs 20 to 22 of the contested decision).

32 It should then be recalled that the Court of Justice, in its appeal judgment of 9 September 2003 in Case C-361/01 P (Kik v OHIM, ECR 2003, I-8283) found that Article 115 (4) of Regulation No. 40/94 stipulates that the power to use the second language specified in the application for written communications to the applicant is an exception of the principle of the use of the language of the proceedings and that the concept of written communications must therefore be interpreted narrowly (paragraph 45 of the judgment).

It is also necessary to examine whether and, if so, to what extent the fact that the examiner's decision was served on the applicant in a language other than the language of the proceedings, although an act of decision-making clearly does not constitute a "written communication" in the judgment of the Court of Justice Kik v OHIM dated September 9, 2003, which could hinder the plaintiff's exercise of the right to lodge a complaint.