Does Including A Fictitious Date Create A Deceptive Trademark?

Should the use of a fictitious date within a brand name constitute a deceptive trademark? This is the question that the Court of Justice of the European Union will have to consider, following a referral by the French Court of Cassation in the ongoing 'Fauré Le Page' case, as Rose-Marie Ehanno uncovers.

Reminding consumers of a brand's long history is a proven marketing method, with consumers often perceiving seniority as proof of superior know-how and quality. Celebrating anniversaries and communicating establishment dates has been shown to positively influence buying decisions and even enable companies to raise the prices of the goods or services offered.

But what if a company wants to include a date of establishment within its brand name? Are there any conditions that apply for such signs to be registered as trademarks? And, what happens if a brand owner seeks to register a trademark with a fictitious date? Would such a registration constitute a 'deceptive