Pfizer Products Inc v. Glenside Organics Limited

The opposition was based on a UK registration of VIAGRA in Class 1 and a Community Trade Mark registration of the same mark for a much broader specification, also in Class 1. Referring to this broader specification the Hearing Officer found identical or closely similar goods to be at issue. He therefore proceeded to a comparison of the marks. The opponents’ marks had a high degree of distinctiveness he found. The marks had some overall visual similarity, but "not to a particularly high degree". Aurally, however, they were similar; the position on conceptual similarity was "broadly neutral". Assessing the matter globally, and noting his own limited information on the relevant trade (agricultural fertilizers, chemicals etc), the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.