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Case C-21/08 P: Judgment of the Court (Second Chamber) of 26 March 2009 — Sunplus Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Sun Microsystems Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word and figurative mark SUNPLUS — Opposition by the proprietor of the national word marks SUN — Refusal of registration)
ECLI:EU:UNKNOWN:62008CA0021
62008CA0021
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16.5.2009
Official Journal of the European Union
C 113/10
(Case C-21/08 P)(1)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word and figurative mark ‘SUNPLUS’ - Opposition by the proprietor of the national word marks ‘SUN’ - Refusal of registration)
2009/C 113/18
Language of the case: English
Parties
Applicant: Sunplus Technology Co. Ltd (represented by: K. Lochner and H. Gauß, Rechtsanwälte)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Sun Microsystems Inc. (represented by: M. Graf, Rechtsanwalt)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 in Case T-38/04 Sunplus Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in which the Court of First Instance dismissed an action brought, by the applicant for the figurative mark ‘SUNPLUS’ for goods in Class 9, against decision R 642/2000-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 October 2003, dismissing the appeal against the decision of the opposition division which refused an application for registration of that mark in opposition proceedings initiated by the holder of the national figurative and word trade marks ‘SUN’ for goods in Class 9 — Similarity between the marks — Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Sunplus Technology Co. Ltd to pay the costs.
OJ C 64, 8.3.2008.