Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 28.4.2012 | EN | Official Journal of the European Union | C 126/15 |

---

Judgment of the General Court of 9 March 2012 — EyeSense v OHIM — Osypka Medical (ISENSE)

(Case T-207/11)[(1)](#ntr1-C_2012126EN.01001503-E0001)

(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)

2012/C 126/31

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. |

---

[Top](#document1)