Judgment — ECLI:EU:T:2012:121
Date: 2012-03-09
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

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.