Polish Company Denied Viaguara Trademark Registration in EU

On January 25, the European Union’s (EU) General Court in Luxembourg rejected an appeal brought by a Polish beverage producer seeking to register Viaguara as an EU trademark for its energy and alcoholic drinks, due to its confusing similarity to the well-known trademark Viagra.

The court stated that, “even if the non-alcoholic drinks concerned do not actually have the same benefits as a drug to treat erectile dysfunction, the consumer will be inclined to buy them thinking that he will find similar qualities, such as an increase in libido.”

Pfizer, the U.S. drug maker that produces Viagra, claimed that consumers would likely make a connection between the two brands and that the Polish company would take unfair advantage of its trademark.

The Polish company, also called Viaguara, has two months from the date of the ruling to file an appeal at the EU’s Court of Justice (CJEU). The company had initially applied for the EU trademark in 2005, but the request was not granted.

For more information, please contact Masa Lopicic at our Balkan Regional Office.

Source: Associated Press