CELEX: 62010TN0491
Language: en
Date: 2010-10-15 00:00:00
Title: Case T-491/10: Action brought on 15 October 2010 — SNCF v OHIM (infotrafic)

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/28
            
         Action brought on 15 October 2010 — SNCF v OHIM (infotrafic)
   (Case T-491/10)
   ()
   2011/C 13/54
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Société nationale des chemins de fer français (SNCF) (Paris, France) (represented by: H. Reynaud, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Infotrafic SA (Ermont, France)
   
      Form of order sought
   
   
               —
            
            
               Alter paragraphs 16 to 23 of the decision of the Board of Appeal of OHIM of 6 August 2010 in Case R 1268/2009-2.
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought:‘infotrafic’ for goods and services in Classes 9, 16, 38, 39 and 42 — Community trade mark No 1 926 815
   
      Proprietor of the Community trade mark: Infotrafic SA
   
      Applicant for the declaration of invalidity: The applicant
   
      Decision of the Cancellation Division: Rejected the application for declaration of invalidity
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 52 and 7(1)(b) of Regulation No 207/2009, in so far as the examination of a complex Community trade mark in which one of the elements is devoid of distinctive character or has questionable distinctive character should consider each element separately: infringement of the obligation to state reasons.