Action brought on 8 August 2011 - Universal Display v OHIM (UniversalPHOLED)

(Case T-435/11)

Language of the case: English

Parties

Applicant: Universal Display Corp. (New Jersey, USA) (represented by: A. Poulter and C. Lehr, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Overturn the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 May 2011 in case R 215/2011-2; and

Accept the Community trade mark application and allow it to proceed to publication;

Pleas in law and main arguments

Community trade mark concerned: The word mark "UniversalPHOLED" for goods in class 1 - Community trade mark application No W01015224

Decision of the Examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009, as the Board of Appeal erred in its analysis of the registrability of the Community trade mark application "UniversalPHOLED".

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