Well-Known Trade Marks under Trade Marks Act, 1999

Well-Known Trade Marks under Trade Marks Act, 1999

Section 11(6) of the Trade Marks Act, 1999 sets out the factors which are to be taken into consideration by the Registrar while determining whether a trade mark is a well-known. 

Dealing with case of three dimensional shape mark of Birkin Bag, and trade mark "Hermes" and stylized marks "HERMES", it was held that subject Marks have acquired extensive recognition and association within the relevant section of the public engaged in or familiar with the fashion industry. The Plaintiffs’ long-standing reputation and consistent use of the Subject Marks across jurisdictions establishes a continuous and significant commercial presence. The documents on record also indicate that the Subject Marks have been used and promoted for several decades, supported by considerable promotional expenditure and consistent visibility in the fashion industry worldwide.

Accordingly, the Marks merit recognition as well-known Trade Marks within the meaning of Section 2(1)(zg) of the Act. 

Refer Hermes International v. Macky Lifestyle Pvt Ltd [2025] GCtR 1800 (Delhi).