Judgment of the General Court of 19 May 2010 — Ravensburger v OHIM — Educa Borras (MEMORY)

(Case T-108/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark MEMORY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 75 of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 77 of Regulation (EC) No 207/2009))

(2010/C 179/66)

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 January 2009 (Case R 305/2008-2), relating to invalidity proceedings between Educa Borras, SA and Ravensburger AG.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders Ravensburger AG to pay the costs.

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(1)  OJ C 129, 6.6.2009.