CELEX: 62011TJ0207
Language: en
Date: 2012-03-09 00:00:00
Title: Judgment of the General Court (First Chamber) of 9 March 2012. # EyeSense AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-207/11.

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.