Action brought on 15 October 2010 - SNCF v OHIM (infotrafic)

(Case T-491/10)

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.

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