Source: EURLEX
Language: en
Format: md

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| 3.3.2012 | EN | Official Journal of the European Union | C 65/12 |

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

(Case T-332/10)[(1)](#ntr1-C_2012065EN.01001203-E0001)

(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 - Article 8(5) of Regulation (EC) No 207/2009)

2012/C 65/23

Language of the case: Polish

Parties

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)

Re:

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:

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| 1. | Dismisses the action. |

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

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