- Court upholds Viagra’s opposition to Styriagra trade mark (Gall Pharma GmbH v EUIPO)
- What was the background?
- What did the court decide?
- Case details
IP analysis: The General Court has upheld a decision of the EUIPO in which it rejected an application for the word sign STYRIAGRA following opposition by the proprietor of the EU word mark VIAGRA. In the court’s view, the Board of Appeal had not erred when concluding that the two marks were similar and that VIAGRA has a significant reputation across the whole of the EU. Therefore, even though STYRIAGRA’s registration was in respect of dried and preserved fruits, certain aphrodisiac effects could be attributed to those goods which gave rise to a possibility of a connection between the two marks and the likelihood that use of the STYRIAGRA mark would take unfair advantage of the well-established reputation of VIAGRA within the meaning of Article 8(5) of Regulation (EC) 207/2009.
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