Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 – Sunplus Technology v OHIM – Sun Microsystems
(SUNPLUS)**

**(Case T-38/04)**

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

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
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 43-44)

**Re:**

|  |  |
| --- | --- |
|  | 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. |

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