Source: EURLEX
Language: en
Format: md

**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. |

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