CELEX: 62009TJ0108
Language: en
Date: 2010-05-19
Title: Judgment of the General Court (Eighth Chamber) of 19 May 2010. # Ravensburger AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-108/09.

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.