CELEX: 62008TN0243
Language: en
Date: 2008-06-23 00:00:00
Title: Case T-243/08: Action brought on 23 June 2008 — Ravensburger v OHIM — Educa Borras (EDUCA Memory game)

15.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/61
            
         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
   Parties
   
      Applicant: Ravensburger AG (Ravensburg, Germany) (represented by: G. Würtenberger, lawyer, and R. Kunze, lawyer and Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Educa Borras SA (Sant Quirze del Valles, Barcelona, Spain)
   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.
            
         Pleas in law and main arguments
   
      Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark ‘EDUCA Memory game’ for goods in class 28 — Community trade mark registration No 495 036
   
      Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Party requesting the declaration of invalidity of the Community trade mark: The applicant
   
      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’ registration 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 Regulation 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 applicant 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.