Fictitious
Founding years in
Luxury brands.
Fictitious
Founding years in
Luxury brands.
of
When does a historical date in a trademark become a legal problem? What role does consumer perception play in the assessment of a trademark indication? What should companies consider if they want to advertise with tradition and history?
Advertising with tradition
Many companies like to advertise with tradition. An old year on the label or in the brand name is intended to create trust and underpin the quality of the goods. This effect is particularly pronounced in the luxury sector. The Court of Justice of the European Union has now dealt with the question of whether such a year can also be legally problematic if the long company history it claims does not actually exist. The decision directly affects the French leather goods manufacturer Faure Le Page, but has fundamental significance for all trademark owners in Europe.
Background to the legal dispute
The starting point was a dispute between two French luxury leather goods manufacturers. One used trademarks with the addition “Fauré Le Page Paris 1717” for its bags and travel items. The year refers to the historic founding year of an old Parisian trading company that originally dealt in weapons, ammunition and leather accessories. This historic company was dissolved in 1992 and its assets were transferred to a sole shareholder.
It was not until 2009 that a new company was founded under a similar name, which acquired old trademark rights from this sole shareholder and finally registered new trademarks with the addition “Paris 1717”. A competitor from the same market segment saw this as deliberately misleading consumers. It claimed that the year suggested an uninterrupted company history of over three hundred years, which in reality did not exist.
The French courts of first instance initially ruled differently. The Paris Court of Appeal finally declared the trademarks invalid, as the average consumer, especially in the luxury sector, attaches great importance to the history of the manufacturing company. The trademark owners appealed against this decision and the French Court of Cassation referred the question of interpretation to the Court of Justice of the European Union.
The ECJ’s decision
The European Court of Justice has ruled Judgment of 26.03.2026 – Ref. C-412/24 has ruled that, under certain conditions, a trademark is misleading even if the false information does not directly describe the goods themselves, but refers to an allegedly long-standing know-how of the company. The starting point remains the clear wording of European trademark law, according to which trademarks are only inadmissible if they can mislead the public about a characteristic of the goods. Characteristics that relate exclusively to the company itself are not sufficient in themselves.
A trademark which contains a number which may be perceived by the relevant public as an indication of the year in which the undertaking was founded and which, by referring to that year, alludes to a long-standing know-how which gives a guarantee of quality and prestige to the goods for which the trademark is registered, even though no such long-standing know-how exists, is liable to deceive the public.
However, the judges have emphasized that the quality of luxury goods does not only result from their physical characteristics, but also from their prestige character. This prestigious character can be an independent characteristic of the goods, especially in the luxury goods sector, and is often based on the craftsmanship of a traditional company that has grown over generations. If a trademark contains a year that is understood by the public as the year in which the company was founded and, due to its long history, indicates old, traditional craftsmanship, then this influences the perception of the product itself.
If this long-matured craft knowledge is actually lacking because the designated year of origin is not part of an uninterrupted company history, then the trademark is likely to deceive the public. The Court of Justice leaves the specific assessment in individual cases to the national courts. They must examine how the relevant public understands the year in the overall context of the trademark and whether they see it as an assurance of an old tradition.
What the decision means in practice
This decision is very important for companies that work with historical years in their brand identity. Anyone with a number in their name or logo that can be interpreted as the year of foundation should carefully check whether their company can actually demonstrate an uninterrupted company history up to this date. The requirements are particularly strict in the luxury segment, where experience has shown that consumers place particular value on origin and tradition.
The decision is equally relevant for all sectors in which purchasing decisions are strongly influenced by a perceived culture of craftsmanship or long experience. This can play a role for high-quality writing instruments, watches, spirits, furniture classics or musical instruments. For example, anyone who establishes a new manufactory and acquires the older trademark rights of a long-established traditional company should not simply assume that they can simply continue the old history.
The decision will also have an impact on the enforcement side. Competitors who want to defend themselves against competitors with questionable claims of tradition now have a clear argument at hand. They can invoke this decision to seek the cancellation or invalidity of a trademark if it is proven that a suggested year of foundation does not match the actual company history. Conversely, trademark owners should regularly document their historical information and check whether it would stand up to scrutiny in court.
Conclusion
A fictitious or misleading founding year is not just a marketing detail, but can jeopardize the validity of a trademark if it is part of it.
Companies that advertise with tradition and old craftsmanship should check their brand presence for historical accuracy and be more cautious when in doubt. The reference to a supposedly centuries-old know-how must match the actual company history, otherwise there is a risk of invalidation.
Corresponding risks can and should also be taken into account in the trademark strategy.
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