Patronymic trademarks: French Cour de cassation confirms revocation of Castelbajac trademarks for deceptive use
[24/09/2026]
In a judgment dated 23 September 2026 (Commercial Chamber, appeal no. 22-23.833), the French Cour de cassation ruled on the litigation between designer Jean-Charles de Castelbajac and PMJC, the assignee of the trademarks “JC de Castelbajac” and “Jean-Charles de Castelbajac”.
After referring a preliminary question to the Court of Justice of the European Union on 28 February 2024, the Cour de cassation applied the ruling provided by the CJEU on 18 December 2025 in Case C-168/24, PMJC.
The Court confirmed that a trademark consisting of a designer’s name may be revoked for deceptive character where, following its assignment, its use is liable to lead the public to believe that the designer is still involved in the design of the products, when this is no longer the case.
This assessment does not depend solely on the designer’s lack of involvement. It takes into account all the circumstances surrounding the use of the trademark, including any elements capable of creating confusion as to the stylistic authorship of the products.
The ruling confirms that the assignment of a patronymic trademark does not permit its use in a way that misleads consumers. It provides important guidance for trademark owners, assignees, designers and companies operating in the creative industries.
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