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.