- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case T-332/10: Action brought on 10 August 2010 — Viaguara v OHIM — Pfizer (VIAGUARA)
ECLI:EU:UNKNOWN:62010TN0332
62010TN0332
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
6.11.2010
EN
Official Journal of the European Union
C 301/31
(Case T-332/10)
()
2010/C 301/54
Language in which the application was lodged: Polish
Parties
Applicant: Viaguara S.A. (Warsaw, Poland) (represented by: R. Skubisz, legal adviser)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Pfizer Inc.
Form of order sought
—annul in its entirety the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 May 2010 in Case R 964/2009-1;
—order the defendant and Pfizer Inc. to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Viaguara.
Community trade mark concerned: Word mark ‘VIAGUARA’ for goods in Classes 32 and 33 — application No 4630562.
Proprietor of the mark or sign cited in the opposition proceedings: Pfizer Inc.
Mark or sign cited in opposition: Community work mark ‘VIAGRA’ for goods in Class 5.
Decision of the Opposition Division: Opposition dismissed.
Decision of the Board of Appeal: Decision of the Opposition Division annulled and trade mark application rejected in its entirety.
Pleas in law: Infringement of Article 8(5) of Regulation No 207/2009 (1) on account of an incorrect methodology for assessment of the connection between the marks and flawed findings in relation to the risk of exploitation of the repute and image of the trade mark cited in opposition.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).