# C_2010100EN.01005001.xml

| 17.4.2010 | EN | Official Journal of the European Union | C 100/50 |
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17.4.2010

EN

Official Journal of the European Union

C 100/50

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Action brought on 2 February 2010 — SIMS — Ecole de ski internationale v OHIM — SNMSF (esf école du ski français)

(Case T-41/10)

2010/C 100/76

Language in which the application was lodged: French

Parties

Parties

Applicant: Syndicat international des moniteurs de ski — Ecole de ski internationale (SIMS — Ecole de ski internationale) (Albertville, France) (represented by: L. Raison-Rebufat, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Syndicat national des moniteurs du ski français (SNMSF) (Meylan, France)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | vary and annul in its entirety Decision R 235/2009-1 of 11 November 2009 of the First Board of Appeal of OHIM concerning the action for annulment brought by the applicant against Decision 2557 C of the Cancellation Division of OHIM to reject its application for a declaration of invalidity of the Community trade mark No 4 624 987 on the ground of an infringement of the provisions of Article 7(1) (h) and (g) of Regulation (EC) No 207/2009; |
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vary and annul in its entirety Decision R 235/2009-1 of 11 November 2009 of the First Board of Appeal of OHIM concerning the action for annulment brought by the applicant against Decision 2557 C of the Cancellation Division of OHIM to reject its application for a declaration of invalidity of the Community trade mark No 4 624 987 on the ground of an infringement of the provisions of Article 7(1) (h) and (g) of Regulation (EC) No 207/2009;

| — | declare that the trade mark No 4 624 987 is invalid on the dual ground of:






  — | infringement of Article 6b(1)(a) and (c) of the Paris Convention to which Article 7(h) of Council Regulation No 207/2009 of 26 February 2009 on the Community trade mark expressly refers; |
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declare that the trade mark No 4 624 987 is invalid on the dual ground of:

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infringement of Article 6b(1)(a) and (c) of the Paris Convention to which Article 7(h) of Council Regulation No 207/2009 of 26 February 2009 on the Community trade mark expressly refers;

| — | infringement of Article 52 of the Regulation referring to Article 7(1)(g) of Council Regulation No 207/2009 of 26 February 2009 on the Community trade mark; |
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infringement of Article 52 of the Regulation referring to Article 7(1)(g) of Council Regulation No 207/2009 of 26 February 2009 on the Community trade mark;

| — | declare the revocation of mark No 4 624 987 on the ground of the infringement of Article 51(1)(c) of Regulation No 207/2009 of the Council of 26 February 2009 on the Community trade mark. |
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declare the revocation of mark No 4 624 987 on the ground of the infringement of Article 51(1)(c) of Regulation No 207/2009 of the Council of 26 February 2009 on the Community trade mark.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark ‘esf école du ski français’ for goods and services in Classes 25, 28 and 41 (Community trade mark No 4 624 987).

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: Syndicat national des moniteurs du ski français.

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity: Syndicat international des moniteurs de ski — Ecole de ski internationale (SIMS — Ecole de ski internationale)

Applicant for the declaration of invalidity:

Decision of the Cancellation Division: Dismiss the application for a declaration of invalidity.

Decision of the Cancellation Division:

Decision of the Board of Appeal: Dismiss the appeal of the applicant

Decision of the Board of Appeal:

Pleas in law: infringement of Article 7(1)(h) and (g) and Article 51(1)(c) of Regulation No 207/2009.

Pleas in law:

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