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
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:
1. Dismisses the action.
2. Orders Viaguara S.A. to pay the costs.
____________1 - OJ C 301, 6.11.2010.