CLASS 46
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FRIDAY, 3 APRIL 2009
SUNPLUS confusingly similar to SUN, rules ECJ
Tags: appeal to ECJ, comparison of marks,
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SUNPLUS confusingly similar to SUN, rules ECJ
On 26 March the Court of Justice of the European Communities gave its ruling in Case C-21/08 P Sunplus Technology Co Ltd v Office for Harmonisation in the Internal Market. This upheld the decisions of the Opposition Division, Board of Appeal and Court of First Instance that the word and figurative mark SUNPLUS depicted here was confusingly similar to four earlier trade marks belonging to Sun Microsystems and which had the word SUN in them.
At each level it was held that there was a high level of similarity between the marks notwithstanding the visual differences between them and that, since the Class 9 goods in question were similar, there was a likelihood of confusion of the relevant consumers. The Court of Justice found no error in the Court of First Instance's decision.
Posted by: Blog Administrator @ 08.51Tags: appeal to ECJ, comparison of marks,
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