The word mark “OMNI POWER” is sufficiently distinctive to qualify for trademark protection in relation to dietary supplements and medical products, according to a recent decision by the German Federal Patent Court (BPatG) (Judgment of 06 February 2025 – Case No. 25 W (pat) 539/23).

The claimant had applied to register “OMNI POWER” as a trademark in Germany for various goods, including dietary supplements and medical products. However, the German Patent and Trademark Office (DPMA) rejected the application on the grounds that the term lacked the required distinctiveness.

The claimant appealed the decision — and succeeded.

The BPatG found that although “OMNI POWER” is generally understandable, it is not that clearly descriptive that it must be excluded from trademark protection. The word “OMNI” derives from Latin and means “all” or “entire,” while “POWER” is English for “strength” or “performance.”

Although many consumers may be familiar with both words in general, their combination is neither common nor purely factual. Instead, it is considered unusual and requires some level of cognitive processing. Moreover, “OMNI” is typically paired with other Latin terms, but not with English words like “POWER.” This linguistically unconventional mix gives the trademark a creative and imaginative quality.

The court emphasized that a sign is only purely descriptive and unqualified for protection if its factual message is immediately and clearly apparent to the relevant public without any mental effort. If the descriptive meaning of a term emerges only after a series of mental steps, this generally indicates that the sign does not lack distinctiveness.

Conclusion: Since “OMNI POWER” is not obviously descriptive, it possesses the required distinctiveness and is therefore eligible for trademark registration.