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 <link http: curia.europa.eu juris document external-link-new-window neymar>judgment T-795/17 of 14/05/2019.
CABINET CHAILLOT
PATENTS TRADEMARKS DESIGNS
French Patent & Trademark Attorneys - European Patent Attorneys - Representatives before EUIPO
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