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Bottom line: The Board found that “NanoXray” is not descriptive for preparations for radiation treatment, etc. in Class 5, radiological apparatus for medical use, etc. in Class 10 and services in the field of nanomedicine, etc. in Classes 42 and 44, and is not misdescriptive of the quality of the goods / services.

The applicant filed an international trademark application for “NanoXray” designating preparations for medical use particularly for the diagnosis and treatment of tumors using radiation treatment, etc. in Class 5, radiological apparatus for medical use, etc. in Class 10, scientific and technological services, namely research and design particularly in the field of nanomedicine (nanotechnology applied to medicine), etc. in Class 42 and health care particularly in the field of nanomedicine, etc. in Class 44. 

The examiner refused the application on the ground as follows:

The applied-for mark is composed of a prefix “Nano” meaning billionth or minute and “Xray” meaning x-radiation.  The mark will evoke the following meaning when used for the designated goods and services:
- X-ray apparatus capable of irradiating the extremely small focus point and services using such apparatus;
- X-ray apparatus capable of irradiating the object in an extremely short time and services using such apparatus;
- X-ray apparatus capable of photographing the extremely small object and services using such apparatus;
- X-ray apparatus capable of irradiating the extremely small focus point or object in an extremely short time and services using such apparatus.

So, when the mark is used for the goods or services such as the above, it indicates the quality thereof and does not function as a source identifier.  The mark is likely to be misdescriptive when used for the goods or services other than the above.

The Board observed the applied-for mark and found as follows:

- The applied-for mark is unified as a whole in appearance.
- “Nano” in the mark is a prefix meaning billionth and often combined with a base unit such as meter or second.
- It does not seem quite proper to say that the mark directly and specifically indicates the quality of the designated goods or services.
- No proof was found that “NanoXray” is commonly used as a direct and specific indication of the quality of goods or services in the relevant industry.
- The mark is capable of functioning as a source identifier and is not likely to be misdescriptive.

And so the Board reversed the refusal, and the application for “NanoXray” was granted for registration.