EU Court rules against trademarks featuring a false date of establishment

Brussels – No to numbers inserted into trademarks to make consumers believe a company has been long-established, thereby misleading them about its tradition and experience.

The Court of Justice of the European Union, in a judgment, ruled that including a number in a trademark that might suggest a date of establishment could mislead consumers as to the quality and prestige of the products.

 The case that ended up in court stems from the French company Fauré Le Page Paris, founded in 2009, which acquired the long-established Fauré Le Page brand and subsequently registered a number of trademarks bearing the name “Fauré Le Page Paris 1717” for leather goods.

However, the rival company Goyard ST-Honoré challenged these trademarks in the French courts. It noted that the reference to “1717” mistakenly suggests the existence of a fashion house founded in the 18th century and the

passing on of time-honoured expertise. There was indeed a Maison Fauré Le Page, which specialised in the sale of weapons and accessories, but it ceased trading in 1992 after more than two centuries, whereas Fauré Le Page Paris, which takes its name from the original firm while adding that of the French capital, was only founded in 2009. 

The case was referred to the Court of Justice of the European Union, which ruled that “trademark may be regarded as deceptive under EU law where it includes a number likely to be perceived by the relevant
public as indicating the year of establishment of a business and which – because that year is in the distant past – evokes
long-standing know-how, even though no such long-standing know-how actually exists.“

According to the European judges, in luxury goods, quality can also stem from style and a prestigious image. The Court therefore said that it was for the national court to assess, based on the case’s circumstances and the relevant public’s perception, whether “the number mentioned in the marks at issue is in fact perceived as a year
evoking long-standing know-how, by examining those marks as a whole, taking into account, in particular, the presence, in
addition to the number 1717, of the word ‘Paris’, and the message conveyed by those marks.”