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