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ARTICLE · 22 OCTOBER 2025

Unpicking The Label

Boult Wade Tennant LLP
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The severance of the link between a fashion designer and the party to whom they have assigned their patronymic trade marks is not sufficient on its own for a mark to be refused registration...

United KingdomIntellectual Property
Shaun Anderson
Shaun Anderson
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C-168/24 – Opinion, PMJC SAS v [W] [X], [M] [X], [X] Créative SAS, 27th March 2025

Designers forfeit certain rights when assigning patronymic trade marks, but new owners should not push the boundaries too far, says Shaun Anderson

Key points
The severance of the link between a fashion designer and the party to whom they have assigned their patronymic trade marks is not sufficient on its own for a mark to be refused registration, nor for the mark to be revoked, on the grounds of deceptiveness.

For patronymic trade marks to be revoked on the basis of deceptive use by the assignee, there must be additional factors, with the misleading use being persistent and intense to the extent the mark loses its ability to act as an indicator of origin.

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