This document is an excerpt from the EUR-Lex website
Document 62012TN0327
Case T-327/12: Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)
Case T-327/12: Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)
Case T-327/12: Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)
OJ C 287, 22.9.2012, p. 33–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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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