Order of the Court (Fifth Chamber) of 14 March 2011 – Ravensburger v OHIM
(Case C-369/10 P)
Appeal – Community trade mark – Community word mark MEMORY – Invalidity proceedings – Absolute ground for refusal – Descriptive character – Regulation (EC) No 40/94 – Article 7(1)(c)
Community trade mark – Surrender, revocation and invalidity – Grounds of absolute 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 54-58)
Re:
| Appeal brought against the judgment of the General Court (Eighth Chamber) of 19 May 2010 in Case T-108/09 | Ravensburger | v | OHIM | , by which that Court dismissed the action brought against Decision R 305/2008-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 8 January 2009, dismissing the appeal brought against the Cancellation Division’s decision declaring the word mark ‘MEMORY’ invalid, in respect of goods in Classes 9 and 28, in the context of the application for a declaration of invalidity filed by Educa Borras. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Ravensburger AG is ordered to pay the costs. |