Source: EURLEX
Language: en
Format: md

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| 22.11.2008 | EN | Official Journal of the European Union | C 301/51 |

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Action brought on 18 September 2008 — Clearwire Corporation v OHIM (CLEARWIFI)

(Case T-399/08)

(2008/C 301/86)

Language of the case: English

Parties

Applicant: Clearwire Corporation (Kirkland, United States) (represented by G. Konrad, lawyer)

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

Form of order sought

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| — | Annul the Decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 June 2008 in case R 706/2008-1; and |

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| --- | --- |
| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark CLEARWIFI for services in class 38 — international registration No W00 934 594

Decision of the examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94 as the grounds for refusal put forward by the Board of Appeal do not preclude registration.

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