Registering an EU trade mark in bad faith: lessons from the “NEYMAR” decision

Published 19 July 2019 By: Gavin Stenton, Jaya Bajaj

Neymar

On 17 December 2012, Carlos Moreira, a Portuguese businessman, applied for the mark "NEYMAR" to be registered as an EU trade mark in class 25, covering clothing, footwear and headgear. Interestingly, on the same day Carlos Moreira also applied to register the name of Spanish goalkeeper and captain "IKER CASILLAS".

The application was not opposed and was subsequently registered as EUTM no. 011432044 on 12 April 2013, with Carlos Moreira as the registered owner and only person able to exploit the "NEYMAR" brand throughout the EU.

This blog examines what action Neymar’s team took after he transferred from Santos FC in Brazil to Barcelona FC in May 2013.

 

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Gavin Stenton

Gavin Stenton

Partner, Penningtons Manches CooperGavin is a trade mark, designs and brand protection specialist, advising brand owners in a wide range of industry sectors including fashion, retail, sport, drinks, education, publishing, IT, biotech and professional services.

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Jaya Bajaj

Jaya Bajaj

Associate, Penningtons Manches Cooper

Jaya is an associate in the IP, IT and commercial team in Reading. Her expertise covers a range of commercial agreements, intellectual property licences and IT contracts, including terms and conditions of business, software licences and contracts for the supply of goods and services.

With a particular interest in data protection matters, she advises clients on the legal basis for processing and implementing GDPR-compliant agreements, policies and procedures. She is a member of the firm’s sports, fashion and life sciences sector groups and also plays an active role in the CSR committee in Reading.

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