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8.10.2011 |
EN |
Official Journal of the European Union |
C 298/22 |
Action brought on 8 August 2011 — Universal Display v OHIM (UniversalPHOLED)
(Case T-435/11)
2011/C 298/41
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
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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 |
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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’.