The best things come in micro packages: Investrónica SA v Olympus Imaging Corp

By Jocelyn Clarke

Olympus Imaging Corp filed a Community trademark application for the mark MICRO for goods including photographic apparatus and instruments. Investrónica SA filed an opposition to the mark based on the prior Spanish registration for overlapping goods.

The opposition was successful, but an appeal was upheld. The Board of Appeal found there was no likelihood of confusion between the marks because the word MICRO is descriptive in relation to photographic products, and therefore the relevant public would not see MICRO as the distinctive and dominant element of the trademark. The marks were found to be only ‘slightly similar’…

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