The Court of First Instance of the European Communities gave its ruling today in Case T‑424/07, Pioneer Hi-Bred International, Inc. v Office for Harmonisation in the Internal Market. Pioneer applied to register as a Community trade mark the word OPTIMUM in Class 1 for ‘biological material namely plant tissue genes and gene-sequences for agricultural purposes’.

The examiner rejected the application, having observed that the mark applied for was devoid of any distinctive character and consisted exclusively of signs or indications which may serve, in trade, to designate the main characteristics of the goods, or of signs or indications which have become customary. The Second Board of Appeal dismissed the appeal, holding that OPTIMUM was devoid of the minimal distinctive character required for registration. As a result, it was not necessary for it to examine further whether the mark was also descriptive. Today the Court upheld the Board's decision and rejected Pioneer's appeal.