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Case T-332/10: Judgment of the General Court of 25 January 2012 — Viaguara v OHIM (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)
ECLI:EU:UNKNOWN:62010TA0332
62010TA0332
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Official Journal of the European Union
C 65/12
(Case T-332/10)(1)
(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)
2012/C 65/23
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.