Question 1

In which classes should a leather goods trademark be filed?

Accepted Answer

In class 18 (leather, bags, leather goods) and in the classes of products planned in the medium term, such as clothing, jewellery or perfume. Filing should be preceded by a clearance search.

Question 2

French trademark or EU trademark?

Accepted Answer

An EU trademark covers all twenty-seven Member States with a single filing. However, an obstacle in part of the EU is enough for refusal, for example a name that is descriptive in a single language.

Question 3

Does a designer who sells their business lose the trademark bearing their name?

Accepted Answer

Yes, the trademark follows the business without becoming misleading for that reason alone. The assignment agreement should govern the use of the designer’s name, signature and image.

Question 4

Can the buyer suggest that the designer still creates the products?

Accepted Answer

No. Since the Castelbajac judgment of 18 December 2025, such use exposes the trademark to revocation for misleading use.

Question 5

Can a pattern or monogram be protected as a trademark?

Accepted Answer

Yes, but a simple geometric pattern is often held to lack distinctive character. Design rights and, if the pattern is original, copyright are useful complements.

Question 6

Can the shape of a bag be registered as a trademark?

Accepted Answer

Rarely. A shape that gives substantial value to the product is excluded. It is better protected by design rights (up to 25 years) or copyright.

Question 7

Can a founding date in a logo make a trademark misleading?

Accepted Answer

Yes, if it suggests long-standing know-how that does not exist. The CJEU so held on 26 March 2026 in the Fauré Le Page case, and the French Supreme Court applied it on 23 September 2026.

Question 8

Can a trademark become misleading after registration?

Accepted Answer

Yes, through the way its owner uses it, for example when manufacturing leaves the city shown on the logo. It is then liable to revocation.

Leather goods

How can a leather goods brand be protected?