# C_2004094EN.01004801.xml

| 17.4.2004 | EN | Official Journal of the European Union | C 94/48 |
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17.4.2004

EN

Official Journal of the European Union

C 94/48

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Action brought on 4 February 2004 by Sunplus Technology Co. Ltd., against the office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-38/04)

(2004/C 94/132)

Language of the case: to be determined pursuant to article 131(2) of the Rules of Procedure language in which the case was submitted: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 4 February 2004 by Sunplus Technology Co. Ltd., Hsin-Chu, Taiwan, represented by Dr H. Eichmann, Mr G. Barth, Dr U. Blumenröder, Ms C. Niklas-Falter, Dr M. Kinkeldey, Dr K. Brandt, Ms A. Franke, Ms U. Stephani, Dr B. Allekotte, Dr E.Pfrang, Ms K. Lochner, Ms B. Ertle, Ms Christine Neuhierl and Ms Sabine Prückner, lawyers.

Sun Microsystems, Inc., was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 642/2000-4 of 7 October 2003; |
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annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 642/2000-4 of 7 October 2003;

| — | order the costs of the proceedings to be borne by the defendant. |
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order the costs of the proceedings to be borne by the defendant.

Pleas in law and main arguments:

| Applicant for the Community trade mark: | Sunplus Technology Co. Ltd. |
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| The Community trade mark sought: | The figurative mark ‘SUNPLUS’ for certain goods in class 9 (Chips; semi-conductors; micro-processing chips; program cards;...) (trade mark application No 214346) |
| Proprietor of mark or sign cited in the opposition proceedings: | Sun Microsystems Inc. |
| Mark or sign cited in opposition: | The national verbal and figurative marks ‘SUN’ for goods in class 9 (computers; magnetic and electronic data carriers;...) |
| Decision of the Opposition Division: | Rejection of the trade mark application |
| Decision of the Board of Appeal (1): | Dismissal of the appeal brought by the applicant |
| Pleas in law: | Infringement of Article 8(1) (b) of Council Regulation (EC) No 40/94 (2) in that there is no likelihood of confusion. |

Applicant for the Community trade mark:

Sunplus Technology Co. Ltd.

The Community trade mark sought:

The figurative mark ‘SUNPLUS’ for certain goods in class 9 (Chips; semi-conductors; micro-processing chips; program cards;...) (trade mark application No 214346)

Proprietor of mark or sign cited in the opposition proceedings:

Sun Microsystems Inc.

Mark or sign cited in opposition:

The national verbal and figurative marks ‘SUN’ for goods in class 9 (computers; magnetic and electronic data carriers;...)

Decision of the Opposition Division:

Rejection of the trade mark application

Decision of the Board of Appeal (1):

1

Dismissal of the appeal brought by the applicant

Pleas in law:

Infringement of Article 8(1) (b) of Council Regulation (EC) No 40/94 (2) in that there is no likelihood of confusion.

2

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(1)   Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 642/2000-4 of 7 October 2003

1

(2)   Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 11, p. 1)

2

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