On November 24, 2025, the Hon’ble Delhi High Court declared the 3-dimensional shape of the ‘Birkin’ bag as well as the trade mark ‘HERMES’ as well-known trade marks under Section 11(6) read with Section 2(1) (zg) of the Act. In this matter, a suit was filed by Hermes for trade mark infringement and passing off, infringement of copyright, passing off, dilution, tarnishment of goodwill and reputation, rendition of accounts, damages, delivery up, unfair competition, misappropriation etc. They claimed that the defendants are engaged in unauthorized manufacture, use, advertising, offering for sale and sale of identical products, which are infringing their 3-D shape mark of the ‘Birkin’ Bag as well as their trade marks ‘Hermes’, 
and 
. Further, they sought a prayer for declaration of their aforesaid marks as well-known under Section 11(6) of the Act. Towards this, the plaintiffs made the following submissions with respect to each of the factors under Clauses (i) to (v) of Section 11(6):
- Factor 1: (1) The plaintiffs have stores in Mumbai and Delhi, wherein its products bearing the 3-d shape of the ‘Birkin’ bag are available for sale; (2) the plaintiffs have relied on figures for distributions and revenue for 2020; (3) the plaintiffs’ marks have been featured and recognize in several leading articles and magazines.
- Factor 2: (1) The plaintiffs designed the ‘Birkin’ bag n 1984; (2) the term ‘HERMES’ also forms a crucial element of their trade name, which is derived from the plaintiff’ founder who established the company in 1837; (3) the stylized mark was adopted by the plaintiffs as early as 1938.
- Factor 3: (1) The plaintiffs have undertaken extensive promotional activities under its marks which are evidenced by the plaintiff’s promotional and advertising expenditure; (2) the plaintiffs’ products bearing its marks have been publicized in several international magazines globally.
- Factor 4: (1) As regards the 3-d shape mark for the ‘Birkin’ bag, the plaintiffs filed an application for registration in India on July 29, 2008 and also enjoys registrations in over 40 countries such as Canada, Hong Kong, Japan, etc.; (2) the plaintiffs also filed applications for registration of its trade marks ‘Hermes’, and in India and foreign jurisdictions such as Canada, United States, Switzerland, Germany etc.
- Factor 5: (1) The plaintiffs have been vigilant in protecting its rights in the aforesaid marks and have instituted proceedings before the Indian Courts and internationally, wherein the Plaintiffs had obtained a preliminary injunction against several third parties; (2) the 3-d 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; (3) the well-known nature of its marks has also been recognized in the INTA Bulletin dated 15.04.2008 Volume 63 No. 8.
In light of the plaintiffs’ submissions and supporting documents placed on record, the Court observed that the plaintiff’s marks have acquired extensive recognition and association within the relevant section of the public engaged in or familiar with the fashion industry. Moreover, the plaintiffs’ long-standing reputation and consistent use of its marks across several jurisdictions establishes a continuous and significant commercial presence.
Source: Hermes International and Another v. Macky Lifestyle Private Limited and Another [CS(COMM) 716/2021 & I.A. 17569/2021] [2025 SCC OnLine Del 8581]