Judgment of the General Court of 9 March 2012 - EyeSense v OHIM - Osypka Medical (ISENSE)
(Case T-207/11)
(Community trade mark - Opposition proceedings - Application for Community word mark ISENSE - Earlier national word mark EyeSense - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: EyeSense AG (Basel, Switzerland) (represented by: N. Aicher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Osypka Medical GmbH (Berlin, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2011 (Case R 1098/2010-4), relating to opposition proceedings between EyeSense AG and Osypka Medical GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders EyeSense AG to pay the costs.
____________1 - OJ C 194, 2.7.2011.