Log in

CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 3 APRIL 2009
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 @ 08.51
Tags: appeal to ECJ, comparison of marks,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1086
Reader Comments: 0
Post a Comment


MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
POST ADDRESS

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox