CELEX: 62008TJ0243
Community trade mark
Invalidity proceedings
Community figurative mark EDUCA Memory game
Earlier national and international word marks MEMORY
Relative ground for refusal
Lack of similarity between the signs
Articles 8(1)(b) and (5), 74 and 75 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 76 and 77 of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 8 April 2008 (Case R 597/2007‑2)
concerning invalidity proceedings between Ravensburger AG and Educa Borras SA.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Figurative mark EDUCA Memory game for goods in Class 28 – Community trade mark registration No 495036
Proprietor of the Community trade mark:
Educa Borras, SA
Party seeking cancellation of the Community trade mark:
Ravensburger AG
Trade mark of the party seeking cancellation:
International word trade mark MEMORY, registration No 393512; Benelux word trade mark MEMORY, registration No 38328; German
word trade mark MEMORY, registration No 964625
Decision of the Cancellation Division:
Community trade mark invalid
Decision of the Board of Appeal:
Decision of the Cancellation Division annulled
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Ravensburger AG to pay the costs.