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Document 62008TJ0399

    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.

    European Court Reports 2009 II-00223*

    ECLI identifier: ECLI:EU:T:2009:458





    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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