We are a boutique IP firm located in Osaka, Japan, specializing in trademark, design, specific unfair competition and copyright matters.

Bottom line: The Board found that “OLYMPIA” is descriptive with respect to metal materials for building or construction, etc.

The applicant filed a trademark application for “OLYMPIA” in standard character designating metal materials for building or construction, metal hardware, metallic hinge in Class 6.

The examiner refused the application on the grounds as follows:

- Olympia is an ancient city in Greece, the birthplace of Olympic Games, registered as a world cultural heritage and is a popular sightseeing spot.  So, consumers and traders will regard the goods bearing the applied-for mark as those produced or sold in Olympia.  The mark will not function as a source identifier.
- The mark is misdescriptive of the quality of goods when used for goods other than those produced or sold in Olympia.
- Thus, the mark falls under Section 3-1-3 and 4-1-16 of the Trademark Act.

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

- Olympia is a popular sightseeing spot.  The applied-for mark “OLYMPIA” will be recognized as the place where the designated goods are produced or sold because it is a well-known geographical name.  Thus, the mark falls under Section 3-1-3 of the Trademark Act.

Whereas, the applicant argued as follows:

- Japanese consumers and traders will not recognize that industrial goods such as the metallic hinges are produced or sold in Olympia because Olympia is known as a sightseeing spot having the remains of ancient Greece.
- Many word marks “Olympia” or its transliteration in katakana have been registered.

The Board did not agree to the applicant’s argument on the ground as follows:

- Japanese consumers and traders are not familiar with any industry in Olympia other than the tourism.  So, they may presume that the designated goods are produced or sold in Olympia.  The fact that Olympia is a popular sightseeing spot does not support that the consumers and traders would not presume industrial goods are not produced or sold in Olympia.
- The mark is regarded descriptive if most of consumers and traders presume the goods bearing the mark are produced or sold in Olympia.  It is not necessary that the goods bearing the mark are actually produced or sold in Olympia.

And so the Board affirmed the examiner’s refusal.