CELEX: 62004TJ0038
Community trade mark
Opposition proceedings
Application for figurative mark SUNPLUS
Earlier national word mark SUN
Likelihood of confusion
Similarity between goods
Similarity between marks

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2003 (Case R 642/2000-4) relating to
opposition proceedings between Sun Microsystems, Inc. and Sunplus Technology Co. Ltd.
Information relating to the case
Applicant for the Community trade mark:
Sunplus Technology Co. Ltd
Community trade mark sought:
Figurative mark SUNPLUS for certain goods in Class 9 – Application No 214346
Proprietor of the mark or sign cited in the opposition proceedings:
Sun Microsystems, Inc.
Mark or sign cited in opposition:
National word and figurative mark SUN for goods in Class 9
Decision of the Opposition Division:
Application dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Sunplus Technology Co. Ltd to pay the costs.