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Cancellation of a European trademark NEYMAR filed in bad faith

May - 2019
On 17/12/2012, a Portuguese individual filed a European trademark application "NEYMAR" for designating clothing, shoes and headgear. This trademark was registered in 2013, and the Brazilian footballer Neymar acted to cancel this trademark for bad faith filing.

The European Trademark Office, EUIPO, canceled the trademark but the proprietor appealed before the General Court of the European Union (GCUE) to challenge the bad faith.

The footballer was able to show before the GCUE that even if up to 2013, when he was transferred to FC Barcelone, he had only played in Brazil, he still had a reputation in Europe at the date of filing of the trademark in 2012.

The other element which demonstrated the bad faith of the holder was the certain knowledge of the world of football by the latter, since the same day he also filed a European mark, IKER CASILLAS, name of the famous Spanish goalkeeper from Real Madrid.

Bad faith was therefore acknowledged, and the trademark cancelled, in judgment T-795/17 of 14/05/2019.