Judgment of the General Court (Seventh Chamber) of 13 April 2011 – Zitro IP v OHIM – Show Ball Informática (BINGO SHOWALL)

(Case T-179/10)

Community trade mark – Opposition proceedings – Application for Community word mark BINGO SHOWALL – Earlier figurative Community trade mark SHOW BALL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 19-21, 44)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 February 2010 (Case R 666/2009-2) concerning opposition proceedings between Zitro IP Sàrl and Show Ball Informática Ltda.

Information relating to the case

Applicant for the Community trade mark:	Zitro IP Sàrl
Community trade mark sought:	Word mark BINGO SHOWALL for goods and services in Classes 9, 28 and 41 – Application for registration No 6059919
Proprietor of the mark or sign cited in the opposition proceedings:	Show Ball Informática Ltda
Mark or sign cited in opposition:	Community figurative mark No 5092275 containing the word element SHOW BALL, for goods and services in Classes 9 and 42
Decision of the Opposition Division:	Application for registration partially dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders Zitro IP Sàrl to pay the costs.