CELEX: 62008TJ0399
Language: en
Date: 2009-11-19 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 19 November 2009. # Clearwire Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-399/08.

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.