CELEX: 62012TN0327
Language: en
Date: 2012-07-16 00:00:00
Title: Case T-327/12: Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)

22.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 287/33
            
         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:
   
               —
            
            
               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;
            
         
               —
            
            
               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