27In that regard, it must be observed that the examiner's decision of 12 May 1999 had already affirmed that the mark simply consists of the ordinary representation of a kiss, and that ‘it is commonplace that kisses are round-shaped and wrapped in paper or foil as represented in the above mark’. Thus, the reasoning of the examiner's decision enabled the applicant to take cognisance of why its application for a Community trade mark registration was refused and to challenge that decision effectively before the Board of Appeal (see Case T-135/99 Taurus-Film v OHIM (‘Cine Action’) [2001] ECR II-379, paragraph 35; and Case T-136/99 Taurus-Film V OHIM (‘Cine Comedy’) [2001] ECR II-397, paragraph 35), as is shown in the grounds of its appeal before the Third Board of Appeal. It follows that the applicant knew the substance of the reasons on which the Board of Appeal based its confirmation of the refusal of the application for a trade mark and thus had the opportunity to comment on them.
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