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Case T-243/08: 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))
ECLI:EU:UNKNOWN:62008TA0243
62008TA0243
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Official Journal of the European Union
C 179/35
(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))
(2010/C 179/60)
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:
1.Dismisses the action.
2.Orders Ravensburger AG to pay the costs.
(*)
OJ C 209, 15.8.2008.