Language of document :

Judgment of the Court of First Instance of 19 November 2009 - Clearwire Corporation v OHIM (CLEARWIFI)

(Case T-399/08) 1

(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))

Language of the case: English

Parties

Applicant: Clearwire Corporation (Kirkland, Washington (United States)) (represented by: G. Konrad, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

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.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Clearwire Corp. to pay the costs.

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1 - OJ C 301, 22.11.2008.