Viaguara refused as drinks name as it is too close to Viagra

The European Union General Court has rejected a Polish drinks companies attempted effort to trademark the name ‘Viaguara’ for energy and alcoholic beverages, deeming it too close to the highly popular erectile dysfunction medication Viagra. The company, who have also named themselves Viaguara, are based in Warsaw and produce drinks containing guarana, a plant native to Brazil. The fruit of the Guarana comprise of roughly double the amount of caffeiene as a coffee bean and Viaguara claim that this has stimulating and fortifying effects on the mind, body, and health.

Viaguara first submitted an application for the EU trademark back in 2005 and found themselves rebuffed in their efforts. Now seven years later, they have had their appeal rejected too. Viaguara can contest the General Court’s ruling, but have only two months in which to do so, and on points of law only.

The court in rejecting the companies appeal, clearly found it dangerous for their to be any potential consumer link between the prescription drug Viagra and any widely available drink: “Even if the non-alcoholic drinks concerned do not actually have the same benefits as a drug to treat erectile dysfunction, the consumer will be inclined to buy them thinking that he will find similar qualities, such as an increase in libido”.

In their statement, the court further noted that the trademark similarity between Viagra and Viaguara is an attempt to benefit from the more established product’s “power of attraction, its reputation and prestige, and to exploit, without paying any financial compensation, the marketing effort expended by Pfizer”.

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