Community trade mark Absolute ground for refusal Invalidity proceedings Descriptive character Community word mark MEMORY 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)
Sumário
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.
Texto da decisão
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. |