CELEX: 62010TJ0332
Language: en
Date: 2012-01-25
Title: Judgment of the General Court (Fifth Chamber) of 25 January 2012. # Viaguara S.A. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-332/10.

Judgment of the General Court (Fifth Chamber) of 25 January 2012 – Viaguara v OHIM – Pfizer (VIAGUARA)
      (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 – Article 8(5) of Regulation (EC) No 207/2009
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Taking unfair advantage of the distinctive character or repute of the earlier mark (Council Regulation No 207/2009, Art.
         8(5)) (see paras 30, 42, 53, 79)
      
      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 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Viaguara S.A. to pay the costs.