The sign "VIAGUARA" cannot be registered as a Community trade mark for drinks. Use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA. In a recent decision The General Court of the European Union (Judgment in Case T-332/10 ) Viaguara S.A. v OHIM concludes that Viaguara S.A, by using a mark similar to the earlier mark, is attempting to ride on the coat-tails of that mark in order to benefit from its power of attraction, its reputation and its prestige, and to exploit, without paying any financial compensation, the marketing effort expended by the proprietor of that mark in order to create and maintain its image, to promote its own products. Therefore, the advantage resulting from such use must be considered to be an advantage that has been unfairly taken of the distinctive character or the repute of the mark Viagra.
