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Case T-435/11: Action brought on 8 August 2011 — Universal Display v OHIM (UniversalPHOLED)
ECLI:EU:UNKNOWN:62011TN0435
62011TN0435
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Official Journal of the European Union
C 298/22
(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
—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’.