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Case T-327/12: Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)
ECLI:EU:UNKNOWN:62012TN0327
62012TN0327
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22.9.2012
EN
Official Journal of the European Union
C 287/33
(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