CELEX: C2004/094/132
Language: en
Date: 2004-04-17 00:00:00
Title: 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)

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/48
            
         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;
            
         
               —
            
            
               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.
            
         
               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.
            
         
      (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
   
      (2)   Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 11, p. 1)