As a rule it is assumed that consumers have a higher level of attention when it comes to pharmaceutical trademarks. However, since VIAGRA has acquired a large reputation within a large part of the European Union, the trademark is considered to be well known with the entire population. Because of this the scope of protection of VIAGRA is large.
Both VIAGRA and VIAGUARA are used by young people who are going out. Both products have a stimulating effect and mind and body. The consumer may therefore expect the same characteristics from VIAGUARA as from VIAGRA, namely a libido increasing ability. This means that a connection is more easily made between the two trademarks. The trademark VIAGUARA is refused, because it tries to profit from VIAGRA’s reputation. VIAGUARA would be able to easily increase their profits over the back of VIAGRA’s investments without any Financial retribution to Pfizer.
pharma