Action brought on 16 July 2012 - Simca Europe v OHIM - PSA Peugeot Citroën (Simca)

(Case T-327/12)

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

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