CELEX: 62008TJ0243
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 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). # Case T-243/08.

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.