Delhi High Court: While hearing a suit filed for trade mark infringement, passing-off, tarnishing and misappropriation of the plaintiff, Hermes’ Birkin bag, the Single Judge Bench of Tejas Karia, J, declared the three-dimensional shape of the Birkin bag as well as the trade mark ‘HERMES’ as a well-known trade mark under Section 11(6) read with Section 2(1) (zg) of the Trade Marks Act, 1999 (‘Act’).
Background
Plaintiff 1, Hermes International is a company incorporated in France and engaged in the business of luxury bags and accessories. Plaintiff 2 is a subsidiary of Hermes incorporated in India.
Defendant 1 is a company incorporated in India, engaged in the business of leather bags and accessories, and Defendant 2 is the director of Defendant 1.
Defendants vide an affidavit dated 18-6-2025 stated that they had shut down the business in 2021 and have neither manufactured nor sold any goods identical or deceptively similar to the plaintiffs’ Hermes ‘Birkin’ bag. They had further stated that the images used by the Defendants were not their products but rather images downloaded from the internet used for reference to show the kinds of bags the defendants were proposing to manufacture.
The plaintiffs had accordingly sought a declaration of the trade mark ‘HERMES’, stylized marks 
and 
and subject mark being three-dimensional shape of ‘Birkin’ bag 
as well-known trade marks under Section 11(6) of the Act.
Analysis, Law and Decision
The Court noted that Section 11(6) of the Act lays down five factors that the Registrar must take into account while considering an application for status of a well-known trade mark. The factors are as follows:
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The knowledge and recognition of the mark in the relevant section of the public including in India.
In the instant case, Hermes has several stores in Mumbai and Delhi which prominently display the Birkin bag being the three-dimensional shape mark. Additionally, several magazines such as The Economic Times, Printfriendly and Harpar Bazaar have reviewed and recognized the plaintiff’s products.
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The duration, extent and geographical area of use of the mark.
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The duration, extent and geographical area of any promotion of the mark, including advertising or publicity and presentation at fairs and exhibitions.
The Court noted that the plaintiff’s products bearing the subject marks have been extensively promoted and publicized in several international magazines globally.
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The duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark.
The Court noted that the plaintiffs enjoy international and national registrations for the three-dimensional shape mark of the Birkin bag as well as of the trade mark ‘HERMES’ in over 40 countries including Canada, Hong Kong, Japan etc.
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The record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.
The Court noted that the plaintiffs have been vigilant in protecting their subject mark from misuse and have obtained preliminary injunction against several third parties. The Court also noted that the three-dimensional shape of the Birkin bag has been declared as well-known by the President of the French Federation of Leather and Travel Case makers Leather Bands.
Thus, the Court held that the long-standing reputation of the plaintiff as well as the consistent usage of the marks across jurisdictions evidence that the subject marks have acquired extensive recognition and familiarity with the fashion industry.
Therefore, the Court held that the subject mark being the three-dimensional shape mark of the Birkin bag 
, the trade mark HERMES and the stylized marks 
and 
satisfied the criteria set out under Sections 11(6) and (7) of the Act and thus merit recognition as well-known trade marks within the meaning of Section 2(1)(zg) of the Act.
[Hermes International v. Macky Lifestyle Pvt. Ltd., C.S.(COMM) No. 716 of 2025, decided on 24-11-2025]
Advocates who appeared in this case:
For the Plaintiffs: Pravin Anand, Tusha Malhotra, Sugandha Yada, Advocates
For the Defendants: Amit Gaurav Singh, Abhishek Yadav, Advocates