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

(Case C-369/10 P) (1)

(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))

2011/C 252/18

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-108/09 Ravensburger v OHIM, by which the 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 which declares 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 of the order

(1)  OJ C 260, 25.9.2010.