Delhi High Court recognises Hermès and its iconic Birkin bag’s 3D shape as ‘well-known trademarks’; but what does it actually mean?

Following the resolution of the infringement issue, Hermès requested the court to grant it ‘well-known trademarks’ in India. But what does it mean for the brand and its competitors within our country? Indianexpress.com turned to legal experts to understand the wider ramifications of this ruling.

Here’s what you need to know

Dr Farrukh Khan, advocate and partner of Diwan Advocates, said that the recent decision of the Delhi High Court recognises the Hermès Birkin three-dimensional bag shape, the word mark HERMES and the carriage and horse logo as well-known trademarks, making it an important moment for trademark law in India.

Adding, Ankit Sahni, Partner at Ajay Sahni & Associates, explained that well-known trademarks enjoy a distinctive legal status under Indian law and go beyond ordinary trademarks by affording a wider scope of protection. This includes protection across different classes of goods and services and against dilution or unfair use, even in non-competing categories.

He noted that while it is uncommon for the three-dimensional shape of a product to be protected as a trademark, for brands, this has increasingly become a strategic tool to safeguard innovation and design aesthetics through shape marks and trade dress protection.

The iconic Hermes Birkin bag shape and its stylised logos are trademarked as of now. (Source: Instagram/@hermes_lover)

Commenting on the recent ruling, Sahni said that with the shape of the Birkin bag now formally declared a “well-known” mark in India by the Delhi High Court, any attempt by third parties to reproduce or commercially exploit a similar three-dimensional configuration without authorisation may amount to trademark infringement, dilution or passing off. “This would apply even where the infringing party relies on the shape alone and not on the brand name,” he told indianexpress.com.

The legal expert also added that once a mark is declared well-known under the Trade Marks Act, 1999, in terms of Section 11(6) read with Section 2(1)(zg), there is effectively no time limitation on its protection, and it continues to enjoy heightened statutory protection so long as the legal requirements under the Act are complied with.

What does this mean for competitors?

According to Dr Khan, the ruling also reflects a wider shift in Indian jurisprudence. The case also offers a clear message to domestic manufacturers. “This ruling shows that even early stage activities such as displaying reference images or exploring potential product lines can raise trademark concerns when the marks involved enjoy strong recognition. Businesses must therefore exercise caution when dealing with brands that command established goodwill,” said Dr Khan.

Overall this judgment reinforces India’s commitment to effective intellectual property protection, and signals that Indian courts will act promptly and firmly to prevent misuse of iconic marks and to maintain the credibility of the trademark system, he concluded.

DISCLAIMER: This article is based on information from the public domain and/or the experts we spoke to.