CELEX: 62004TJ0038
Language: en
Date: 2007-11-15
Title: Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007. # Sunplus Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative mark SUNPLUS - Earlier national word mark SUN - Likelihood of confusion - Similarity between goods - Similarity between marks. # Case T-38/04.

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.