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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 10 DECEMBER 2008
Austria: "Styriagra" v "Viagra"

Austrian newspaper Die Krone reports of a trade mark dispute between an Austrian pumpkin seed oil producer and pharmaceutical company Pfizer over the use of the mark "Styriagra" on pumpkin seeds.

Pumpkin seed oil producer Richard Mandl from the Austrian region of "Styria" (in German: Steiermark) is selling chocolate coated pumpkin seeds under the name "Styriagra". The (oval shaped) Styriagra pumpkin seeds have been dyed in a blue colour and are offered as natural erectile dysfunction remedy. Mr Mandl has also filed for trade mark protection: International trade mark No. 957917 Styriagra covering class 30 and 31 and designating Switzerland and the European Union based on an Austrian national mark.

Mr Mandel states that there is no connection between the Pfizer's Viagra and his Styriagra pumpkin seeds and explains that his product name derives from the word "Styria" which is the Latin name of the Austrian province Steiermark, where his business is located, and the words "agra" and "Agrar", which are meant to be denoting the agricultural and organic origin of his product. The choice of the colour blue was coincidental, says Mr Mandl. He states that he also offers pumpkin seeds covered in various other colours. However, Class 46 has noticed that his device mark also uses the colour blue (see top left).

According to the news report, Pfizer is not impressed and appears to have decided to take legal action against Mr Mandl claiming that he is infringing upon their VIAGRA trade mark. Mr Mandl now fears that the matter could lead to his bankruptcy.

The German newspaper "Die Sueddeutsche Zeitung" has conducted an interesting in-depth interview with Mr Mandl, which can be retrieved here (in German).

Posted by: Birgit Clark @ 12.35
Tags: austria, pfizer, Pharmaceutical companies, trade mark dispute, viagra,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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