This document is an excerpt from the EUR-Lex website
Document 62004TJ0038
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 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 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.
Thuarascálacha na Cúirte Eorpaí 2007 II-00154*
ECLI identifier: ECLI:EU:T:2007:341
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. |