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SUNPLUS vs. SUN, Likelihood of confusion, Similarity between marks, T-038/04
In its ruling of 15 November 2007, the Court of First Instance (T-038/04) stated once more, that the likelihood of confusion on the part of the public must be assessed globally, account being taken of all factors that are relevant to the circumstances of the case.
Even if the conflicting trademarks are visually dissimilar, there might exist a likelihood of confusion.
The Court of First Instance confirmed in its ruling of 15 November 2007 the decision of the OHIM's Broad of Appeal, refusing the trademark application from registration, because there exists a likelihood of confusion between the trademarks:
and SUN.
"SUN" is the dominant element of the younger trademark that reproduces the earlier trademark entirely.
The Court of First Instance confirmed in its decision that the conflicting signs might be considered as being visually dissimilar, considering that the presence of the additional word component ‘plus’, and of the figurative component based on the letter ‘s’ and the drawing of a star, in the younger trade mark introduce significant visual differences between the two signs (para. 39).
The pronunciation of the conflicting trademarks is almost identical, considering that the dominant element of the younger trademark, i.e. "SUN" reproduces the earlier trademark registration.
The concerned public will easily understand the English word ‘sun’, which is the sole word component of the earlier trade mark and the dominant component of the younger trade mark, namely because the word ‘sun’ is not frequently used for the concerned goods, i.e. computer products and it will therefore have a greater impact on the consumer (para. 42).
As the concerned goods have been found identical and almost identical, the Court of First Instance confirmed the OHIM's decision that there exists a likelihood of confusion between the conflicting trademarks "SUNPLUS" and "SUN".