Delhi HC declares Hermes International's 'H' Logo as "well-known Trademark"

The single-judge bench of Justice C. Hari Shankar of the Delhi High Court recently declared the ‘H’ mark of the French luxury brand Hermes International as a "well-known trademark".

“I am satisfied that the criteria enumerated in section 11(6) of the Trade Marks Act, read with Section 11(7), stand satisfied in the present case, to justify the declaration of the mark as a well-known trademark within the meaning of Section 2(1)(zg) of the Trade Marks Act 1999”, the Judge said.

The court passed the order while hearing a plea filed by Hermes International, a company that specializes in leather goods, lifestyle accessories, home furnishings, perfumery, and jewelry, against Crimzon Fashion Accessories Private Limited for trademark infringement in its line of luxury footwear. Through the plea, Hermes also sought the declaration of its ‘H’ mark as a well-known trademark.

Advocate Pravin Anand appearing for Hermes showed the bench various documents to demonstrate that the mark is eligible to be declared as a well-known trademark. He stated that Hermes has several stores in Delhi and Mumbai and that many fashion magazines, including Vogue and Harper's Bazaar, had reviewed and recognized its sandals bearing the 'H' mark. He claimed that the mark was recognized by a "relevant section of the public" as a result of its promotion.

Anand also presented documents demonstrating that French Designer and Creative Director of Hermes Pierre Hardy had coined the H mark, which had been in circulation in the market since 1997, and its "Oran Sandals" carried this trademark, which had been worn by several celebrities as well. He furhter showed the court that Hermes had been vigilant in protecting and safeguarding its trademark rights from infringement by third parties, having filed proceedings in German courts and obtained a preliminary injunction against several third parties.

The counsel for Hermes further argued that the "knowledge and recognition of the trademark" must be assessed with respect to a relevant section of the public and that “as the product is specific to the fashion industry”, the material on records indicated that the Trademark Act provisions were satisfied. He contended that the ‘H’ mark is prominent specifically in the “fashion industry”, and hence it is entitled to be declared as a “well-known trademark”.

Taking note of the submissions, the court said, “Given the volume and nature of material placed on record, to which I have already adverted hereinabove, I am satisfied that the criteria enumerated in section 11(6) of the Trade Marks Act, read with Section 11(7), stand satisfied in the present case, to justify the declaration of the mark as a well-known trade mark within the meaning of Section 2(1)(zg) of the Trade Marks Act 1999. It is declared accordingly. Accordingly, prayer (e) in the plaint also stands decreed.”

Case Title: Hermes International & Anr. v. Crimzon Fashion Accessories Private Limited

Statue: The Trade Marks Act 1999