Action brought on 21 April 2010 - Zitro IP v OHIM - Show Ball Informática (BINGO SHOWALL)

(Case T-179/10)

Language in which the application was lodged: Spanish

Parties

Applicant: Zitro IP Sàrl (Luxembourg) (represented by: A. Canela Giménez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Show Ball Informática Ltda

Form of order sought

Annul the decision of OHIM, and

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Zitro IP.

Community trade mark concerned: Word mark 'BINGO SHOWALL' (application for registration No 6 059 919), for goods and services in Classes 9, 28 and 41

Proprietor of the mark or sign cited in the opposition proceedings: Show Ball Informática.

Mark or sign cited in opposition: Community figurative mark (No 5 092 275) containing the word element 'SHOW BALL', for goods and services in Classes 9 and 42.

Decision of the Opposition Division: Partial rejection of the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

____________