Can a luxury brand claim a multi-century history that it does not, in fact, continue? In its judgment of 26 March 2026 in case C-412/24 (Fauré Le Page), the Court of Justice of the European Union (CJEU) ruled that including a number in a trademark, cited as an enterprise’s historic founding year, may mislead consumers regarding the quality and prestige of the goods. Consequently, this may constitute grounds for refusing registration or invalidating a trademark.

“Paris 1717” – a tradition that does not exist

The historic Fauré Le Page enterprise, which operated in Paris from 1716 in the arms, ammunition, and leather accessories industry, was dissolved in 1992.

In 2009, a new company was established, which acquired the Fauré Le Page trademark. In 2011, it filed for registration of marks containing the designation “Fauré Le Page Paris 1717”, this time for luxury leather goods: handbags, purses, and suitcases. A competitor in the same industry challenged these marks, seeking their invalidation. The case proceeded through several French instances before reaching the Court of Cassation, which referred questions for a preliminary ruling to the CJEU.

What did the Court decide?

It is not the history of the company, but the history of the production of goods that matters.

The Court, referring to its previous case law (judgment in C-59/08 Copad), reiterated that in the luxury sector, the quality of a product also encompasses its presentation and prestigious image. This is a crucial finding. It means that a number in a trademark, perceived as a founding year, may evoke long-standing know-how that serves as a guarantee of quality and builds the product’s prestige. If such know-how does not, in reality, exist, we are dealing with actual consumer deception, or at the very least, a sufficiently high probability thereof.

The final word rests with the national court The Court noted that the specific assessment rests with the national court, which should examine each mark as a whole, taking into account not only the number “1717” itself, but also the word “Paris” and the overall message conveyed to the average consumer.

What does this mean in practice?

The Fauré Le Page judgment serves as an important signal for entrepreneurs in the luxury and premium goods sector. Suggesting long-standing know-how in a trademark that does not exist carries a real legal risk of trademark registration refusal or invalidation. Under Polish law, the basis for refusing such a mark is Article 129¹(1)(12) of the Industrial Property Law Act, while invalidation of a registered mark may be pursued under Article 164 of the same Act.

Furthermore, using such a designation in trade may constitute an act of unfair competition within the meaning of Article 10 of the Act on Combating Unfair Competition, which prohibits the labelling of goods in a manner that may mislead customers regarding their quality or other essential characteristics. Since the CJEU has ruled that a fictional continuity of tradition may create a false impression of a product’s quality and prestige, the risk of such qualification is very real.

The judgment also serves as a warning to entities acquiring historic brands and attempting to exploit their former prestige without actual business continuity or know-how. Simply acquiring a trademark from a historic enterprise is insufficient to invoke its multi-year tradition. If there is no real continuity of production and transfer of know-how behind the mark, the use of a date suggesting such continuity may be deemed misleading to consumers.

Summary

Creating a false impression among consumers that goods are manufactured based on long-standing know-how dating back to the year indicated in a trademark is not an innocent marketing ploy. In the luxury sector, a prestigious image is an element of quality, and its groundless creation can lead to the invalidation of a trademark. Judgment C-412/24 clearly confirms this principle and aligns with the consistent CJEU line of case law protecting consumers against such practices.

The lawyers at Jabłoński Koźmiński & Partners have for years advised clients on intellectual property law, including proceedings regarding the registration, protection, and challenging of trademarks.

Do you need support in assessing the risks associated with your trademark? Contact us.