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.

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.