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ARTICLE · 26 MARCH 2026

CJEU Rules That Dates Suggesting False Heritage Can Mislead Consumers

Jones Day
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The Court of Justice of the European Union has ruled that trademarks incorporating historical dates can be invalidated if they mislead consumers about a brand's heritage and expertise.

European UnionIntellectual Property
Emmanuel G. Baud
Emmanuel G. Baud
Edouard Fortunet
Edouard Fortunet
Rebecca Swindells
Rebecca Swindells
Jakob Guhn
Jakob Guhn
Marc Groebl
Marc Groebl
Giorgi Gugenishvili
Giorgi Gugenishvili
Author LinkedIn connections

In Short

The Situation: In Case C-412/24, the Court of Justice of the European Union ("CJEU") took up the question of whether including a date in a trademark can render such trademark deceptive. The case stemmed from a pergence between French courts and the European Union Intellectual Property Office ("EUIPO") over whether false claims about a proprietor's history and accumulated know-how fall within the scope of this ground of invalidity.

The Development: The CJEU held that a number in a trademark, where the relevant public may read it as the year a business was established, can make the mark deceptive—particularly if it falsely implies a depth of long-standing know-how that simply does not exist.

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