The General Court of the European Union (TGUE) confirmed on Tuesday the nullity of the registration part of a private individual of the trademark "Neymar" in the EU for clothing, footwear and accessories because he acted in "bad faith".
The ruling of the Luxembourg Court, which admits an appeal, thus confirms the decision of the Intellectual Property Office of the European Union (EUIPO).
The facts go back to December 2012, at which time Carlos Moreira, residing in Portugal, asked EUIPO to register the "Neymar" brand when the Brazilian international still played at Santos and sounded like a star signing for a great European club
The brand was registered in April 2013 and in February 2013 the player filed an application for nullity with that body, which estimated it, so Moreira took the case to the EU General Court.
The individual acknowledged that, when he processed the application, he knew of Neymar's existence, but argued that "he did not know that the Brazilian was at that time an ascendant star of football, endowed with internationally recognized talent" and maintained that "the player has not yet It was known in Europe. "
The EUIPO, nevertheless, considered that Neymar yes was known in Europe then, partly thanks to the successes harvested with the Brazilian selection, the great attention of mass media and the interest of great clubs of France, Spain and the United Kingdom with a view to his future signing.
Neymar finished joining the Barcelona squad in 2013.
The EU General Court adds that Moreira had "something more than limited knowledge of the world of football, as evidenced by the fact that he had submitted an application for the" Iker Casillas "trademark on the same day he filed the registration of the trademark« Neymar », recalls the TGUE.
The applicant denied having tried to register the trademark for the sole purpose of "exploiting the reputation of the Brazilian footballer", "he alleges that he did it" for his phonetics "and ensures that it responds to a" mere coincidence ", indicated the communication services of the European court.
"The General Court rejects the argument that this decision is the result of a coincidence" and points out that Moreira has not presented "any convincing argument capable of rebutting the EUIPO's assessment, according to which no other reason than the will to exploit in a parasitic way the reputation of the soccer player could explain his application for registration of the brand ». (tagsToTranslate) neymar (t) brand