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Case T-795/17: Action brought on 28 November 2017 — Moreira v EUIPO — Da Silva Santos Júnior (NEYMAR)
ECLI:EU:UNKNOWN:62017TN0795
62017TN0795
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19.2.2018
EN
Official Journal of the European Union
C 63/14
(Case T-795/17)
(2018/C 063/19)
Language in which the application was lodged: Portuguese
Parties
Applicant: Carlos Moreira (Guimarães, Portugal) (represented by: T. Soares Faria, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Neymar Da Silva Santos Júnior (Barcelona, Spain)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Word mark ‘NEYMAR’ — European Union trade mark No 11 432 044
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 September 2017 Case R 80/2017-2
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision and declare valid, in accordance with Article 52(1)(b) and Article 53(2)(a) of Regulation No 207/2009, the trade mark ‘NEYMAR’ No 00000 held by Carlos Morera, for all the goods or services for which the mark has been registered;
—Order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(2) of Regulation No 207/2009.