Community trade mark Opposition proceedings Likelihood of confusion Similarity between goods Application for figurative mark SUNPLUS Earlier national word mark SUN Similarity between marks
Sumário
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.
Texto da decisão
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. |