WEDNESDAY, 19 NOVEMBER 2008
Spain – VIAGRA found to be a “well-known” trade mark.
The Spanish Supreme Court has allowed Pzifer’s appeal against the earlier resolution of the Spanish Patents and Trade Marks Office (SPTO) registering the trade mark "NOSA VIgoAGRA” in class 35 (advertising services).
The Court ruled that the SPTO and the lower Court (High Court of Justice) failed to assess the well-known nature of the VIAGRA trade mark, which knowledge “exceeds the field of pharmacy and is extended to the entire community”. According to the ruling, when it is established that the opposing trade mark is a well-known sign, the Courts have to make a more demanding assessment of the likelihood of confusion between the trade marks at stake, aiming to avoid confusion in the market and the predation of a third party’s goodwill.
Posted by: Ignacio Marques @ 01.28
Tags: likelihood of confusion, Spain, well known trade mark,