CELEX: 62009TJ0108
Community trade mark
Invalidity proceedings
Community word mark MEMORY
Absolute ground for refusal
Descriptive character
Article 7(1)(c) and Article 75 of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 77 of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 January 2009 (Case R 305/2008-2), relating
to invalidity proceedings between Educa Borras, SA and Ravensburger AG.
Information relating to the case
Registered Community trade mark of which cancellation sought:
National word mark MEMORY for goods in Classes 9 and 28
Proprietor of the Community trade mark:
Ravensburger AG
Parties seeking cancellation of the Community trade mark:
Educa Borras, SA
Decision of the Cancellation Division:
Community trade mark invalid
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Ravensburger AG to pay the costs.