Case T-243/08: Action brought on 23 June 2008 — Ravensburger v OHIM — Educa Borras (EDUCA Memory game)
Date: 2008-06-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), toy industry, trade-mark law

15.8.2008

EN

Official Journal of the European Union

C 209/61

Form of order sought

Institutions de Soins Privées (Abisp) (Brussels, Belgium) (repre-
sented by: D. Waelbroeck and D. Slater, lawyers)

— Annul the decisions of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 2 April 2008 in case R 1481/2007-2
and of the Opposition Division of the Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) of
17 July 2007 in opposition proceedings No B 893 216;

— allow the applicant's opposition to the registration as a
Community trade mark of the application dated 4 October
2004 for the figurative mark ‘oli’ for goods in classes 3
and 5;

— order OHIM to refuse registration of the said application

dated 4 October 2004: and

— order the other parties hereto to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the
proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘oli’
goods in classes 3 and 5 — application No 4 059 176

for

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Mark or sign cited: The Community trade marks ‘OLAY’
goods in classes 3 and 5

for

Defendant: Commission of the European Communities

Form of order sought

— Annul the confirmatory decision of the Commission;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicants seek the annulment of the Commission's deci-
sion of 10 April 2008, which, in their opinion, confirms the
Commission's decision of 10 January 2008 rejecting their
complaint made on 7 September and 17 October 2005 against
the State aid granted by the Kingdom of Belgium to public
hospitals of the IRIS network in the Brussels-Capital Region and
refusing to initiate the formal investigation procedure in respect
of the aid in question pursuant to Article 88(2) EC.

The pleas in law and main arguments relied on by the applicants
are identical to those submitted in Case T-128/08 CBI and Abisp
v Commission (1).

Decision of the Opposition Division: Rejection of the opposition in
its entirety

(1) OJ 2008 C 142, p. 30.

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of article 8(1)(b) of Council Regulation
No 40/94 as the trade marks concerned are similar and the use
of the trade mark applied for is likely to cause confusion.

Action brought on 20 June 2008 — CBI and Abisp v
Commission

Action brought on 23 June 2008 — Ravensburger v OHIM
— Educa Borras (EDUCA Memory game)

(Case T-243/08)

(2008/C 209/110)

Language in which the application was lodged: English

(Case T-241/08)

(2008/C 209/109)

Language of the case: French

Parties

Parties

Applicant: Ravensburger AG (Ravensburg, Germany) (represented
by: G. Würtenberger, lawyer, and R. Kunze, lawyer and Solicitor)

Applicants: Coordination Bruxelloise d'Institutions sociales et de
santé (CBI) (Brussels, Belgium) and Association Bruxelloise des

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

C 209/62

EN

Official Journal of the European Union

15.8.2008

Other party to the proceedings before the Board of Appeal: Educa
Borras SA (Sant Quirze del Valles, Barcelona, Spain)

Action brought on 20 June 2008 — C-Content v Office for
Official Publications of the European Communities

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 8 April 2008 in case R 597/2007-2;
and

— Order OHIM to pay the costs.

(Case T-247/08)

(2008/C 209/111)

Language of the case: English

Pleas in law and main arguments

Parties

the application for a
Registered Community trade mark subject of
declaration of
invalidity: The figurative mark ‘EDUCA Memory
game’ for goods in class 28 — Community trade mark registra-
tion No 495 036

Proprietor of the Community trade mark: The other party to the
proceedings before the Board of Appeal

Applicant: C-Content BV ('s Hertogenbosch,
(represented by: M. Meulenbelt, advocaat)

the Netherlands)

Defendant: Office for Official Publications of
Communities

the European

Party requesting the declaration of invalidity of the Community trade
mark: The applicant

Form of order sought

Trade mark right of the party requesting the declaration of invalidity:
The international word trade mark ‘MEMORY’
registration
No R 393 512; the Benelux word trade mark ‘MEMORY’ regis-
tration No 38 328; the German word trade mark ‘MEMORY’
registration No 964 625

Decision of the Cancellation Division: Invalidity of the Community
trade mark concerned

Decision of the Board of Appeal: Annulment of the decision of the
Cancellation Division

Pleas in law: (i) infringement of Article 8(1) of Council Regu-
lation No 40/94 as the Board of Appeal erred in concluding
that the potentially colliding element in the Community trade
mark concerned is of purely descriptive nature and thus cannot
cause a risk of confusion with the applicant's earlier trade
marks; (ii) infringement of Article 8(5) of Council Regulation
No 40/94 as the Board of Appeal erred in requiring that appli-
cant prove a risk of confusion; (iii) infringement of Article 74 of
Council Regulation No 40/94 as the Board of Appeal did not
properly take into account the labelling practice of the relevant
market; (iv) infringement of Article 75 of Council Regulation
No 40/94 as the Board of Appeal failed to convene a hearing,
as requested by the applicant.

— Declare that

the Office for Official Publications of

the
European Communities (Publications Office) infringed Com-
munity law in relation to tenders and contracts set out in
the present application;

— Order the Publications Office to compensate the costs and
damages incurred by the applicant, as set out in the present
application;

— Order the Publications Office to pay the applicant's costs.

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-
contractual liability arising from the damages it claims to have
incurred as a result of the alleged irregularities committed by
the Office for Official Publications of the European Commu-
nities (Publications Office) within certain tender procedures
related to electronic publication services.

The applicant puts forward a number of grounds for liability for
every contested tender procedure.

The applicant claims the Publications Office infringed the prin-
ciple of good administration and duty diligence as well as the
principles of equal treatment, transparency and legitimate expec-
tations: