Judgment — ECLI:EU:T:2009:458
Date: 2009-11-19
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded

Judgment of the Court of First Instance (Second Chamber) of 19 November 2009 – Clearwire v OHIM (CLEARWIFI) (Case T-399/08) Community trade mark – International registration designating the European Community – Word mark CLEARWIFI – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 27, 50-51) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 30 June 2008 (R 706/2008‑1) concerning the international registration, designating the European Community, of the sign CLEARWIFI. Information relating to the case Applicant for the Community trade mark: Clearwire Corporation Community trade mark sought: Word mark CLEARWIFI for services in Class 38 (international Registration No W00934594) Decision of the examiner: Application rejected Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Clearwire Corporation to pay the costs.