Source: EURLEX
Language: en
Format: md

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

**(Case T-108/09)**

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)

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a))
(see paras 30-31)

**Re:**

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

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