General Court Rejects Viaguara Appeal Against Refusal of Community Trademark

    April 2012
    The General Court has rejected an appeal against the First Board of Appeal’s decision to refuse a Community trademark (CTM) application for a mark deemed too close to VIAGRA.

    Viaguara S.A. originally applied to register the trademark “VIAGUARA” for an energy drink. The application was to register the word mark under Classes 32 and 33 of the Nice Classification – different classes to the pharmaceutical product.

    Opposition from Pfizer (owners of the earlier CTM for VIAGRA) was initially rejected by the Opposition Board of the Office for Harmonisation in the Internal Market (OHIM), but overturned on appeal by OHIM’s First Board of Appeal. Viaguara S.A subsequently appealed to the General Court.

    This article explains the General Court’s reasons for their decision, covering specific examples given in the judgment.