Gall Pharma GmbH v European Union Intellectual Property Office

European Union – Trade marks. The applicant company's application to register the word sign 'Styriagra' had been opposed by the intervener company Pfizer Inc. on the basis of the earlier EU word mark 'VIAGRA'. The General Court of the European Union dismissed the applicant company's action for annulment of the European Union Intellectual Property Office's (EUIPO) decision to dismiss the applicant's trade mark application, deciding that EUIPO had correctly decided that there was a risk that by using the mark applied for without due cause, the applicant would take unfair advantage of the reputation of the earlier mark.

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