DECEPTIVE TRADEMARKS IN THE EUROPEAN UNION LAW

Abstract

Deceptive trademarks shall not be registered. Deceptiveness of trademarks is the absolute ground for refusal to grant a trademark right. To be deemed deceptive, there must be actual deceit or a sufficiently serious risk that the consumer will be deceived must exists. It indicates deceptive trademarks as deceptive per se only. Intention of the applicants, even their market behavior and all other subjective factors are irrelevant as to the conclusion about the trademark deceptiveness. It means that deceptiveness as a ground for refusal is interpreted strictly. Therefore, deceptive trademarks are those signs in respect of which no one non-deceptive use is possible. Assessment of trademark deceptiveness is made in relation to the specification of goods and/or services and relevant public understanding of the sign. Trademark can be deceptive as to the nature, quality, geographical origin and other features of the applied goods/services but not as to the source the marked goods/services originate from. Confusion as to the commercial origin of the goods/services is important for enforcement of provisions on relative grounds to refuse trademark registration.