Revocation for deceptiveness

Déchéance pour caractère trompeur — also called revocation for déceptivité (deceptiveness) — targets registered marks likely to mislead the public as to the essential qualities of the goods or services. The nearest US concepts are the Section 2(a) bar on deceptive marks and cancellation of deceptive registrations, but France applies the doctrine both at filing (as an invalidity ground) and to the mark’s later use (as a revocation ground).

Article L.711-2 of the Intellectual Property Code provides that marks “of such a nature as to deceive the public, in particular as to the nature, quality or geographical origin of the product or service” cannot be validly registered and, if registered, may be declared invalid. Deceptiveness can result either from the mark’s intrinsic character or from its use.

Timing of the assessment

French case law distinguishes sharply: for invalidity, deceptiveness is assessed at the filing date, in view of the goods and services as designated, regardless of how the mark is actually exploited (Cour de cassation, March 15, 2017, POYFERRE); conditions of use only matter for subsequent revocation.

Examples from INPI case law

• The figurative mark L’OIGNON DE TREBONS DOUX & SUCRE was declared partially invalid for jams, soups, prepared dishes and similar goods that had not been limited to products actually containing Trébons onions (INPI, November 10, 2023, NL 23-0020) — a scenario echoing US geographic deceptiveness; see also place names as trademarks.
• LE BOUCHER VÉGÉTARIEN (“the vegetarian butcher,” logo) was held deceptive notably for textured vegetable proteins used as meat substitutes: the word “BOUCHER” creates expectations of butcher’s goods that “VÉGÉTARIEN” and carrot imagery do not dispel (INPI, March 18, 2024, NL 23-0089).

See also: trademark revocation, revocation for genericide.

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