Federal Patent Court grants protection for the trade mark "OMNI POWER" in Germany

The Federal Patent Court has upheld the appeal against the refusal to grant protection for the international registration "OMNI POWER". The designation was deemed sufficiently distinctive for registration in Germany.

The international registration "OMNI POWER", registered for various products in the field of dietary supplements and pharmaceuticals (Class 5), now enjoys protection in Germany as well. Originally, the German Patent and Trade Mark Office had refused protection because the mark lacked distinctiveness. It merely appeared to be an advertising reference to a powerful effect. The trade mark proprietor lodged an appeal against this decision – successfully.

What decision did the Federal Patent Court reach regarding the trade mark OMNI POWER?

The Federal Patent Court makes clear in its decision of 05.02.2025 that whilst the combination of the terms "OMNI" (Latin for "all", "whole") and "POWER" (English for "strength", "power") is generally understandable, its specific meaning for the goods claimed is not immediately apparent. Rather, several steps of reasoning are required to grasp a descriptive statement such as "full strength" or "comprehensive performance".

The relevant public ordinarily perceives a sign as it presents itself, without subjecting it to a more detailed analytical examination. Furthermore, the word combination in this form is linguistically unusual: unlike common compounds with the Latin prefix "omni-" (e.g. "omnipräsent"), "OMNI POWER" is not established as a customary word formation. The space between the two components also speaks against a conventional word formation. Since any descriptive meaning does not emerge immediately and clearly, the mark cannot be said to lack all distinctiveness. Any protective monopoly for a descriptive term is therefore not to be feared.

Viewed as a whole, the court found that the trade mark possessed the requisite distinctiveness. It was capable of being recognised by the average consumer – whether medical professionals or consumers – as an indication of business origin. Since the overall sign in question is not regarded as a directly descriptive and thus non-exclusive term, there is also no need to keep the term free for others.

Consequently, the court found the requirements for extension of protection to Germany to be met.

Conclusion

Even apparently descriptive terms can be capable of registration as a trade mark – what is decisive is whether their descriptive meaning is immediately and readily apparent to the relevant public without any effort of reasoning. In the case of neologisms or unusual combinations, it is therefore worthwhile to examine carefully whether distinctiveness is truly lacking. If in doubt, well-reasoned arguments – as in the case of "OMNI POWER" – may still open the door to registration. Please feel free to contact the lawyers and experts in trade mark law at AVANTCORE Rechtsanwälte in Stuttgart.