Delhi HC Grants Well-Known Trademark Status To Birkin Bag shape And Three Hermès Marks

The Delhi High Court recently recognised the three-dimensional shape of Hermès’ iconic Birkin bag, along with the “Hermès” name and its stylised logos, as well-known trademarks in India.

The ruling was passed by Justice Tejas Karia while deciding a trademark infringement suit filed by Hermès International and its Indian subsidiary against Macky Lifestyle Pvt. Ltd.

Hermès had alleged that the defendants were using and advertising bags that appeared identical to its Birkin design. During the case, the defendants submitted an affidavit stating that they had closed their business, had not manufactured or sold any Birkin-like bags, and had only used images downloaded from the internet as reference pictures. Hermès accepted these statements in court.

With the infringement issues resolved, the company requested the Court to grant recognition of its marks as well-known in India. Justice Tejas Karia reviewed material filed by Hermès, including the history of the Birkin bag since its creation in 1984, global trademark registrations, promotional activities, and previous enforcement actions.

The Court noted that the Birkin shape and the Hermès marks have been used and promoted extensively over several decades, and that they enjoy strong association among consumers familiar with fashion goods. It also took note of international recognitions of the Birkin bag’s distinctiveness.

After examining the evidence against the factors listed under Section 11(6) of the Trade Marks Act, the Court held that Hermès had met the legal requirements for well-known status.

 “Accordingly, the Subject Marks merit recognition as well-known Trade Marks within the meaning of Section 2(1)(zg) of the Act. Hence, it is declared accordingly,” the Court said.

The suit was decreed in favour of Hermès in terms of all its prayers, including the declaration of well-known trademark status.

Case Title: Hermes International & Anr. v. Macky Lifestyle Private Limited & Anr.

Bench: Justice Tejas Karia

Date: 24 November 2025