Judgment of the General Court of 19 May 2010 - Ravensburger v OHIM - Educa Borras (EDUCA Memory game)
(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))
Language of the case: English
Parties
Applicant: Ravensburger AG (Ravensburg, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Educa Borras, SA (Barcelona, Spain) (represented by: I. Valdelomar Serrano, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 8 April 2008 (Case R 597/2007-2) relating to invalidity proceedings between Ravensburger AG and Educa Borras, SA.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Ravensburger AG to pay the costs.
____________1 - OJ C 209, 15.8.2008.