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Case T-662/16: Judgment of the General Court of 3 May 2018 — Gall Pharma v EUIPO — Pfizer (Styriagra) (EU trade mark — Opposition proceedings — Application for EU word mark Styriagra — Earlier EU word mark VIAGRA — Taking unfair advantage of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001))

ECLI:EU:UNKNOWN:62016TA0662

62016TA0662

May 3, 2018
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(Case T-662/16) (*1)

‛(EU trade mark — Opposition proceedings — Application for EU word mark Styriagra — Earlier EU word mark VIAGRA — Taking unfair advantage of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001))’

Language of the case: English

Parties

Applicant: Gall Pharma GmbH (Judenburg, Austria) (represented initially by: D. Reichelt and L. Figura, and subsequently by T. Schafft, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Gája and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pfizer Inc. (New York, New York, United States) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 June 2016 (Case R 724/2015-5), relating to opposition proceedings between Pfizer and Gall Pharma.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Gall Pharma GmbH to pay the costs.

*

(*1) OJ C 441, 28.11.2016.

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