Community trade mark - Invalidity proceedings - Community figurative mark EDUCA Memory game - Earlier national and international word marks MEMORY - Relative ground for refusal - Lack of similarity between the signs - Articles 8(1)(b) and (5), 74 and 75 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 76 and 77 of Regulation (EC) No 207/2009).

Judgment of the General Court (Eighth Chamber) of 19 May 2010 – Ravensburger v OHIM – Educa Borras (EDUCA Memory game) (Case T-243/08) Community trade mark – Invalidity proceedings – Community figurative mark EDUCA Memory game – Earlier national and international word marks MEMORY – Relative ground for refusal – Lack of similarity between the signs – Articles 8(1)(b) and (5), 74 and 75 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 76 and 77 of Regulation (EC) No 207/2009) Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity – Registration contrary to Article 8(1)(b) of Regulation No 40/94 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24, 42) Re: ACTION brought against the decision of the Second Chamber of the Board of Appeal of OHIM of 8 April 2008 (Case R 597/2007‑2) concerning invalidity proceedings between Ravensburger AG and Educa Borras SA. Information relating to the case Registered Community trade mark of which cancellation sought: Figurative mark EDUCA Memory game for goods in Class 28 – Community trade mark registration No 495036 Proprietor of the Community trade mark: Educa Borras, SA Party seeking cancellation of the Community trade mark: Ravensburger AG Trade mark of the party seeking cancellation: International word trade mark MEMORY, registration No 393512; Benelux word trade mark MEMORY, registration No 38328; German word trade mark MEMORY, registration No 964625 Decision of the Cancellation Division: Community trade mark invalid Decision of the Board of Appeal: Decision of the Cancellation Division annulled Operative part The Court: 1. Dismisses the action; 2. Orders Ravensburger AG to pay the costs.