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.
Top