A trademark depicts the origin of the goods. Therefore
proprietors across the world seek to register marks which are
distinctive. An important consideration before zeroing upon a
trademark is that, the mark should not be descriptive of the goods
for which it is sought to be registered. A typical problem that
arises in selecting a descriptive mark was observed in the recent
decision of the General Court (European Union), in the case of
Olympus Medical Systems Corp V Office of Harmonization of
Internal Marks (OHIM).
Olympus Medical Systems Corp filed an application for
registration of a community trademark.
The registration sought was for Medical and Surgical apparatus
and instruments, comprising 3D processors, 3D light sources, LCD
monitors and 3D medical endoscopes. This mark was rejected by the
Trademark Examiner on the grounds that the mark was descriptive.
This decision was appealed but was dismissed. The matter was again
appealed before the General Court.
