Judgment of the General Court (First Chamber) 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

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17-18, 42-47)

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

The Court:

1. Dismisses the action;

2. Orders EyeSense AG to pay the costs.