Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 19 May 2010 – Ravensburger v OHIM – Educa Borras (EDUCA Memory game)**

**(Case T-243/08)**

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)

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24,
42)

**Re:**

|  |  |
| --- | --- |
|  | 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. |

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