(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:

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.