Source: EURLEX
Language: en
Format: md

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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:

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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; |

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

Pleas in law and main arguments:

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| 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)](#ntr1-C_2004094EN.01004801-E0001): | 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)](#ntr2-C_2004094EN.01004801-E0002) in that there is no likelihood of confusion. |

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