14In that decision, the Board of Appeal, referring inter alia to the judgment of the Court of First Instance in Case T-120/99 Kik v OHM [2001] ECR II-2235, paragraph 61, held, in the first place, that the right conferred on OHIM by Article 115(4) of Regulation No 40/94 to send written communications to the applicant for a Community trade mark in the second language indicated by the latter had to be interpreted in a restrictive manner and that it did not cover procedural documents of a decisional character (paragraphs 20 to 22 of the contested decision). The Board of Appeal therefore found that, in this case, the examiner had infringed Article 115 (4) of Regulation No 40/94 by notifying the applicant of the decision terminating the procedure for the examination of the trade mark application in English, even though that application had been filed in Greek. The Board of Appeal nevertheless took the view that the use of English had not been prejudicial to the applicant's rights of the defence since the applicant had itself used that language in its correspondence with the examiner and, subsequently, in its appeal.
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