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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.
ECLI:EU:T:2009:458
62008TJ0399
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(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.