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.