22.11.2008
EN
Official Journal of the European Union
C 301/51
Action brought on 18 September 2008 — Clearwire Corporation v OHIM (CLEARWIFI)
(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.
Full & Egal Universal Law Academy