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Misleading Sign

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By Anonymous writer - Glossary

A sign is held to be misleading when it is susceptible of being mistaken by the public as regards the nature, quality or geographical origin of the product or service being designated.

Article L.711-3 of the Intellectual Property Code provides that a sign which could confuse the public as regards the nature, quality or geographical location of the product or service cannot be adopted as a trademark or as part of a trademark.

If the sign is held to be misleading, the Trademark Office can refuse to register it. If the sign was not considered to be misleading and was therefore registered, the Court reserves the right to declare it cancelled on the grounds that it is in fact misleading.

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