Action brought on 16 December 2013 – Zitro IP v OHIM – Gamepoint (SPIN BINGO)

(Case T-665/13)

Language in which the application was lodged: English

Parties

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

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

Other party to the proceedings before the Board of Appeal: Gamepoint BV (The Hague, Netherlands)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 14 October 2013 given in Case R 1388/2012-4;

Order the defendant and the other party, should it intervene, to bear the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The coloured figurative mark in colours containing the verbal element “SPIN BINGO” for goods and services in Classes 9, 41 and 42 – Community trade mark application No 9 545 658

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The word mark “ZITRO SPIN BINGO” for goods and services in Classes 9, 28 and 41 – Community trade mark registration No 9 058 868

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Annuled the contested decision and rejected the opposition

Pleas in law: Infringement of Article 8(1)(b) CTMR.