Action brought on 8 April 2011 - EyeSense v OHIM - Osypka Medical (ISENSE)
(Case T-207/11)
Language in which the application was lodged: German
Parties
Applicant: EyeSense AG (Basel, Switzerland) (represented by: N. Aicher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Osypka Medical GmbH (Berlin, Germany)
Form of order sought
Annul the order of the Fourth Board of Appeal of OHIM of 4 February 2011 in Appeal R 1098/2010-4;
Order the defendant to pay the costs, including the costs of the appeal proceedings before OHIM.
Pleas in law and main arguments
Applicant for a Community trade mark: Osypka Medical.
Community trade mark concerned: Word mark 'ISENSE' for goods and services in Classes 9, 10 and 42 - Registration No 7 165 327.
Proprietor of the mark or sign cited in the opposition proceedings: Applicant.
Mark or sign cited in opposition: National word mark 'EyeSense' for goods and services in Classes 10 and 42.
Decision of the Opposition Division: Rejection of the opposition.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 as there is a likelihood of confusion between the opposing marks.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).