CELEX: 62010TJ0179
Language: en
Date: 2011-04-13 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 13 April 2011. # Zitro IP Sàrl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-179/10.

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