Case T-795/17 | Carlos Moreira v EUIPO

Author (Corporate)
Series Details T-795/17
Publication Date 2018-2019
Content Type

Summary:

Judgment from the Court of Justice of the European Union (CJEU) over an application with the European Union Intellectual Property Office (EUIPO) for registration of the word sign 'Neymar' as a EU trade mark, in respect of clothing, footwear and headgear.

Further information:

Mr Carlos Moreira filed an application in December 2012 with the European Union Intellectual Property Office (EUIPO) for registration of the word sign 'Neymar' as a EU trade mark, in respect of clothing, footwear and headgear. The mark was registered in April 2013. In February 2016, Mr Neymar Da Silva Santos Júnior filed an application with EUIPO for a declaration of invalidity against that mark in respect of all the goods covered by it. The application for a declaration of invalidity was upheld by EUIPO.

As a result, Mr Moreira decided to bring an action before the General Court of the CJEU against the decision of EUIPO in February 2018. On 14 May 2019, the Court decided to uphold the decision of EUIPO that Mr Moreira was acting in bad faith when he filed the application for registration of the mark ‘Neymar'.

Source Link http://curia.europa.eu/juris/documents.jsf?num=T-795/17
Related Link(s)
Commentary and Analysis
Altius: Blog, 17/05/2019: General Court gives red card to 'NEYMAR' trademark https://www.altius.com/blog/487/general-court-gives-red-card-to-neymar-trademark
Fieldfisher: Intellectual Property Blog, 22/05/2019: It’s a red card for filing football star’s name https://intellectualpropertyblog.fieldfisher.com/2019/it-s-a-red-card-for-filing-football-star-s-name
Wiggin: Insight, 10/06/2019: EU General Court finds that EUIPO was correct to find that a third party registration of the mark NEYMAR had been in bad faith and was invalid https://www.wiggin.co.uk/insight/eu-general-court-finds-that-euipo-was-correct-to-find-that-a-third-party-registration-of-the-mark-neymar-had-been-in-bad-faith-and-was-invalid/

Official
Judgment of the ECJ in Case T-795/17 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017TJ0795
CJEU: Press Release, 14/05/2019: Judgment in Case T-795/17 Carlos Moreira v EUIPO https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-05/cp190063en.pdf

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