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.