Pfizer Products Inc v. Y2K Shipping & Trading Inc

Pfizer Products Inc

Case details

Case no.: O/405/02

Jurisdiction: United Kingdom

Industry: Pharmaceuticals

Decision date: 14 Nov, 2002


The opposition was based on the opponents’ mark VIAGRA. The Hearing Officer found the goods to be similar but the marks, he concluded, had a "low degree of similarity". Nevertheless, on a "global assessment" he considered that there was a risk that the public might believe that the goods came from the same undertaking and hence there was a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly. Under Section 5(3) he found that use of the trade mark in suit would undoubtedly have damaged the repute of VIAGRA, but given that the goods were similar, that ground had to fail.

Comparison of Trademarks