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.
Full & Egal Universal Law Academy