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Case T-399/08: Action brought on 18 September 2008 — Clearwire Corporation v OHIM (CLEARWIFI)
ECLI:EU:UNKNOWN:62008TN0399
62008TN0399
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Valentina R., lawyer
22.11.2008
EN
Official Journal of the European Union
C 301/51
(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
—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
—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.