Community trade mark Relative ground for refusal Invalidity proceedings Community figurative mark EDUCA Memory game Earlier national and international word marks MEMORY 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)
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 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.
Texto da decisão
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. |