Source: EURLEX
Language: en
Format: md

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| 22.9.2012 | EN | Official Journal of the European Union | C 287/33 |

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Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)

(Case T-327/12)

2012/C 287/62

Language in which the application was lodged: German

Parties

Applicant: Simca Europe Ltd (Birmingham, United Kingdom) (represented by: N. Haberkamm, lawyer)

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

Other party to the proceedings before the Board of Appeal: PSA Peugeot Citroën GIE (Paris, France)

Form of order sought

The applicant claims that the Court should:

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| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 April 2012 in Case R 645/2011-1; |

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| — | order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs, including the costs for the applicant’s counsel. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘Simca’ for goods in Class 12 — Community trade mark No 6 489 371

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: PSA Peugeot Citroën GIE

Grounds for the application for a declaration of invalidity: the applicant was acting in bad faith at the time when it filed the application

Decision of the Cancellation Division: the application for a declaration of invalidity was rejected

Decision of the Board of Appeal: the appeal was upheld and the mark was declared invalid

Pleas in law: Infringement of Article 52 of Regulation (EC) No 207/2009

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