The Viaguara S.A. case

General Court of European Union ,Case T-332/10

Typology: Case Law
Tags: Trade Mark

Judgment of the General Court of 25 January 2012 - Viaguara v OHIM


(Case T-332/10) 


(Community trade mark - Opposition proceedings - Application for Community word mark 'VIAGUARA' - Earlier Community word mark VIAGRA - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article8(5) of Regulation (EC) No 207/2009)


Language of the case: Polish




Applicant: Viaguara S.A. (Warsaw, Poland) (represented by: R. Skubisz, M. Mazurek and J. Dudzik, lawyers)


Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Zajfert, Agent)


Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Pfizer Inc. (New York, New York, United States) (represented by: initially M. Hawkins, Solicitor, V. von Bomhard and A. Renck, lawyers, then V. von Bomhard and M. Fowler, Solicitor)




Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 946/2009-1) relating to opposition proceedings between Pfizer Inc. and Viaguara S.A.


Operative part of the judgment


The Court:


1. Dismisses the action.


2. Orders Viaguara S.A. to pay the costs.
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