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Case C-370/10 P: Order of the Court (Fifth Chamber) of 14 March 2011 — Ravensburger AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Educa Borras SA (Appeal — Community trade mark — Figurative mark EDUCA Memory game — Application for a declaration of invalidity made by the proprietor of the national and international word marks MEMORY — Rejection of the application for a declaration of invalidity by the Board of Appeal — Regulation (EC) No 40/94 — Article 8(1)(b) and (5) — Relative grounds for refusal)
ECLI:EU:UNKNOWN:62010CB0370
62010CB0370
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25.6.2011
Official Journal of the European Union
C 186/10
(Case C-370/10 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Figurative mark EDUCA Memory game - Application for a declaration of invalidity made by the proprietor of the national and international word marks MEMORY - Rejection of the application for a declaration of invalidity by the Board of Appeal - Regulation (EC) No 40/94 - Article 8(1)(b) and (5) - Relative grounds for refusal)
2011/C 186/17
Language of the case: English
Parties
Appellant: Ravensburger AG (represented by: H. Harte-Bavendamm and M. Goldmann, Rechtsanwälte)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent), Educa Borras SA
Re:
Appeal brought against the judgment of the General Court (Eighth Chamber) of 19 May 2010 in Case T-243/08 Ravensburger AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) by which the General Court dismissed an action for annulment brought by the proprietor of the national and international word marks ‘MEMORY’ for goods in Class 28 against Decision R 597/2007-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 8 April 2008 annulling the decision of the Cancellation Decision, which upheld the application for a declaration of invalidity lodged by the applicant against the figurative mark ‘EDUCA Memory Game’ for goods in Class 28
Operative part of the order
1.The appeal is dismissed.
2.Ravensburger AG shall pay the costs.
(<span class="super">1</span>) OJ C 260, 25.9.2010.