Source: EURLEX
Language: en
Format: md

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| 2.7.2011 | EN | Official Journal of the European Union | C 194/15 |

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Action brought on 8 April 2011 — EyeSense v OHIM — Osypka Medical (ISENSE)

(Case T-207/11)

2011/C 194/23

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

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| — | Annul the order of the Fourth Board of Appeal of OHIM of 4 February 2011 in Appeal R 1098/2010-4; |

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| — | 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)](#ntr1-C_2011194EN.01001501-E0001) as there is a likelihood of confusion between the opposing marks.

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