Pharma- VIAGUARA a stimulating drink

A Polish company named Viaguara markets an energy drink named VIAGUARA. The energy drink is made of the Guarana fruit, which contains a high dosis of caffeine. The company files the application for VIAGUARA with the European trademark register. Pharmaceutical company Pfizer objects this application on the bais of their drug VIAGRA, which helps against erectile dysfunctions. After much deliberation the European Court decides that the trademarks are too similar.

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



Latest news
Comparing apples to pears/ oranges - coat tail riding well known mark
VidaGra Stimulating or sickening? Coat-tail riding on well-known trademark
Witte wieven are witches - conceptual similar trademarks
Refusal Mindfuck - trademark conflictive with the public order and morals.
Ikea lamp not derived from Proplamp - knowledge and unfair competition
claimant
defendant
claimant
defendant

PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
Follow Abcor