CELEX: 62010TJ0179
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

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.
Dismisses the action;
2.
Orders Zitro IP Sàrl to pay the costs.