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Case T-179/10: Action brought on 21 April 2010 — Zitro IP v OHIM — Show Ball Informática (BINGO SHOWALL)
ECLI:EU:UNKNOWN:62010TN0179
62010TN0179
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Valentina R., lawyer
19.6.2010
EN
Official Journal of the European Union
C 161/53
(Case T-179/10)
(2010/C 161/83)
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.
* * *
Language of the case: Spanish
ECLI:EU:C:2010:161