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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.
ECLI:EU:T:2007:341
62004TJ0038
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(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:
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.