CELEX: 62011TN0207
Language: en
Date: 2011-04-08 00:00:00
Title: Case T-207/11: Action brought on 8 April 2011 — EyeSense v OHIM — Osypka Medical (ISENSE)

2.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/15
            
         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
   
   
               —
            
            
               Annul the order of the Fourth Board of Appeal of OHIM of 4 February 2011 in Appeal R 1098/2010-4;
            
         
               —
            
            
               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) as there is a likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).