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.