Verwarringsgevaar in de Benelux.

HvJ EG, 26 maart 2009, zaak C-21/08 P, Sunplus Technology Co. Tegen OHIM / Sun Microsystems, Inc

Merkenrecht. Gemeenschapsmerk. Oppositieprocedure. Oudere nationale (Benelux) woordmerken SUN tegen aanvraag woord/beeldmerk SUNPLUS. De oppositie betreft klasse 9, kort gezegd computers & software. Oppositie toegewezen. Hof constateert dat het Gerecht van Eerste Aanleg geen juridische fouten heeft gemaakt bij de feitelijke constatering dat Benelux computergebruikers het relevante publiek vormen en in verwarring kunnen raken.

37. Next, as regards the third part of the first ground of appeal, it must be held that, by deciding, in paragraph 44 of the judgment under appeal, that, in view of the very high degree of similarity, or even identity, of the goods covered by the earlier trade mark and by the trade mark, registration of which is sought, as well as the phonetic and conceptual similarities between the two marks, OHIM’s Fourth Board of Appeal was fully entitled to find that there was, in the present case, a genuine risk that the relevant public, notwithstanding the fact that it may be particularly attentive, might believe that the goods covered by those two marks have the same commercial origin, the Court of First Instance made no error of law in the application of Article 8(1)(b) of Regulation No 40/94.

(…) 39. In the present case, it must be noted that, in order to reach the conclusion in paragraph 44 of the judgment under appeal, the Court of First Instance carried out an analysis fully within the process intended to determine the overall impression produced by the opposing marks and to apply a global assessment to the likelihood of confusion between them, by taking into consideration all the relevant factors of the case. In that regard, contrary to Sunplus Technology’s submission, the Court of First Instance, after analysing successively the visual, phonetic and conceptual comparisons of the opposing marks, took into account both the type of goods concerned and of the public likely to buy them.

Lees het arrest hier.