Order of the Court (Fifth Chamber) of 14 March 2011 – Ravensburger v OHIM
(Case C-370/10 P)
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
Community trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 49-51)
Re:
| Appeal brought against the judgment of the General Court (Eighth Chamber) of 19May 2010 in Case T‑243/08 | Ravensburger | v | OHIM | by which that 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 R597/2007-2 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
1. |
| The appeal is dismissed. |
2. |
| Ravensburger AG is ordered to pay the costs. |