This site uses cookies to help make it more useful and reliable. Our cookies page explains what they are, which ones we use, and how you can manage or remove them.

Trade mark decision

BL Number
Decision date
24 February 2004
Hearing officer
Mr M Reynolds
Glenside Organics Limited
Pfizer Inc
Section 5(2)(b)


Section 5(2)(b) - Opposition successful

Points Of Interest

  • 1. Comparison of the marks, VIAGRA v BI-AGRA


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.

After hearing the opposing submissions regarding costs, the Hearing Officer eventually awarded costs to the opponents in accordance with the published scale.

Full decision O/049/04 PDF document26Kb