This document is an excerpt from the EUR-Lex website
Document 62008TN0243
Case T-243/08: Action brought on 23 June 2008 — Ravensburger v OHIM — Educa Borras (EDUCA Memory game)
Case T-243/08: Action brought on 23 June 2008 — Ravensburger v OHIM — Educa Borras (EDUCA Memory game)
Case T-243/08: Action brought on 23 June 2008 — Ravensburger v OHIM — Educa Borras (EDUCA Memory game)
OJ C 209, 15.8.2008, p. 61–62
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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15.8.2008 |
EN |
Official Journal of the European Union |
C 209/61 |
Action brought on 23 June 2008 — Ravensburger v OHIM — Educa Borras (EDUCA Memory game)
(Case T-243/08)
(2008/C 209/110)
Language in which the application was lodged: English
Parties
Applicant: Ravensburger AG (Ravensburg, Germany) (represented by: G. Würtenberger, lawyer, and R. Kunze, lawyer and Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Educa Borras SA (Sant Quirze del Valles, Barcelona, Spain)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 April 2008 in case R 597/2007-2; and |
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Order OHIM to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark ‘EDUCA Memory game’ for goods in class 28 — Community trade mark registration No 495 036
Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal
Party requesting the declaration of invalidity of the Community trade mark: The applicant
Trade mark right of the party requesting the declaration of invalidity: The international word trade mark ‘MEMORY’ registration No R 393 512; the Benelux word trade mark ‘MEMORY’ registration No 38 328; the German word trade mark ‘MEMORY’ registration No 964 625
Decision of the Cancellation Division: Invalidity of the Community trade mark concerned
Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division
Pleas in law: (i) infringement of Article 8(1) of Council Regulation No 40/94 as the Board of Appeal erred in concluding that the potentially colliding element in the Community trade mark concerned is of purely descriptive nature and thus cannot cause a risk of confusion with the applicant's earlier trade marks; (ii) infringement of Article 8(5) of Council Regulation No 40/94 as the Board of Appeal erred in requiring that applicant prove a risk of confusion; (iii) infringement of Article 74 of Council Regulation No 40/94 as the Board of Appeal did not properly take into account the labelling practice of the relevant market; (iv) infringement of Article 75 of Council Regulation No 40/94 as the Board of Appeal failed to convene a hearing, as requested by the applicant.