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Fashionably IP

Can a trade mark registration for fashion designers name be deemed deceptive?

February 2026

Rebecca Field and Lee Curtis discuss the importance of personal names in the world of fashion and a recent decision of the CJEU concerning the registration of a trade mark relating to French fashion designer Jean-Charles de Castelbajac. Did the use of the name JC de CASTELBAJAC post registration, after the sale of the underlying business, lead to a trade mark registration for the name to be invalidated on the basis of deceptiveness?  Is this decision contrary to the well-known decision relating to the name ELIZABETH EMANUEL or does it build on that earlier decision?

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