{"id":102582,"date":"2026-04-02T15:47:43","date_gmt":"2026-04-02T14:47:43","guid":{"rendered":"https:\/\/www.ictrechtswijzer.be\/?p=102582"},"modified":"2026-04-02T15:47:56","modified_gmt":"2026-04-02T14:47:56","slug":"can-a-historical-year-in-your-brand-name-lead-to-the-invalidity-of-your-trademark","status":"publish","type":"post","link":"https:\/\/www.ictrechtswijzer.be\/en\/kan-een-historisch-jaartal-in-uw-merknaam-leiden-tot-de-nietigheid-van-uw-merk\/","title":{"rendered":"Can a historical year in your brand name lead to the invalidity of your trademark?"},"content":{"rendered":"

The use of a fictitious or inherited founding year in a trademark name can lead to the invalidation of that trademark. The Court of Justice ruled in a ruling<\/a> of March 26, 2026 that such a year could mislead consumers about the quality and prestige of the goods on offer, especially in the luxury sector. This means that brands that falsely suggest a centuries-old tradition risk their legal protection.<\/p>\n\n\n\n

The facts <\/h2>\n\n\n\n

In a long-running legal dispute, the luxury brand Goyard and the companies Faur\u00e9 Le Page faced each other<\/sup>. The original company Maison Faur\u00e9 Le Page was founded in 1716 and engaged in the sale of arms and leather accessories<\/sup><\/sup>. However, this company was dissolved in 1992 and operations ceased<\/sup><\/sup><\/sup><\/sup>.<\/p>\n\n\n\n

A newly formed company took over the brand name in 2009 and registered two new brands in 2011, including \u201cFaur\u00e9 Le Page Paris 1717,\u201d specifically for luxury leather goods<\/sup>. Goyard, a competitor in the travel goods and leather goods sector, thereupon claimed the invalidity of these marks because they would mislead the public<\/sup>.<\/p>\n\n\n\n

The decision of the Court of Justice<\/h2>\n\n\n\n

The central question of law turned on the interpretation of Article 3(1)(g) of directive 2008\/95\/EC<\/a>. This provision states that trademarks may not be registered - or may be declared invalid - if they are \u201c of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service\".<\/p>\n\n\n\n

The Court of Justice ruled that a trademark may be effectively misleading within the meaning of this provision if it contains a number which is perceived by the public as referring to the year of foundation of a company, without any such long-standing craftsmanship. This is particularly true when \"that year is in the distant past, long-standing know-how bestowing a perceived guarantee of quality and a prestigious image on the goods for which the mark is registered\".<\/p>\n\n\n\n

Legal analysis and interpretation<\/h2>\n\n\n\n

This ruling is an important refinement of trademark law<\/a>. Although the deceptive nature of a mark must relate primarily to the characteristics of the goods or services (and not merely to the characteristics of the trademark owner), the Court here builds a bridge between the history of the manufacturer and the quality of the product.<\/p>\n\n\n\n

To this end, the Court relies on previous case law, such as the Copad ruling<\/a>, from which it follows that the quality of luxury goods is determined not merely by their material characteristics, but also by their \u201callure and prestigious image.\u201d The referring court correctly noted that consumers of luxury leather goods attach great importance to the history of a company. Creating the illusion of centuries-old craftsmanship thus results in an unwarranted guarantee of quality for the product itself.<\/p>\n\n\n\n

In the Belgian context, this regulation finds its application through Article 2.2bis(g) of the Benelux Convention on Intellectual Property (BCIP)<\/a>. The ruling makes clear that heritage-washing - the artificial creation or adoption of a historical family tree without actual, unbroken continuity - is contrary to public policy and an absolute ground for nullity.<\/p>\n\n\n\n

What this specifically means<\/h2>\n\n\n\n

This ruling has significant practical implications for various actors in the market:<\/p>\n\n\n\n