Trademarks are symbols that may be intentionally or unintentionally created to mislead as to what they represent, whether it be their nature, quality, or origin (such as the country of manufacture or the manufacturer of the associated product or service).

According to Article L. 711-3 of the French Intellectual Property Code, it is prohibited to use as a trademark any element that is prohibited by international agreements or contrary to public policy, morality, or legislation. Furthermore, a trademark must not be misleading to the public regarding the nature, quality, or geographical origin of the product or service.

The question of whether a trademark is misleading or not falls under the jurisdiction of the lower courts, which have the discretionary power to make this decision.