You can spot a Birkin even from a distance.
The handles, the flap, the proportions. Long before you see the Hermès name, the shape itself gives the bag away. The Delhi High Court has now formally recognised that reality in law.
On 24 November 2025, in Hermès International & Anr v. Macky Lifestyle Pvt Ltd & Anr, Justice Tejas Karia declared four Hermès marks, including the 3D shape of the Birkin bag, as well-known trademarks under Section 2(1)(zg) of the Trade Marks Act.
What the Court Looked At
Justice Karia adopted a structured approach under Section 11(6), assessing the Hermès evidence point by point against the statutory criteria.
1. Public knowledge and recognition
Hermès brand runs stores in Delhi and Mumbai, where the marks are physically present on products and in-store branding. The judgment also notes coverage in mainstream and fashion media, including publications like The Economic Times and Harper’s Bazaar, which helped build visibility around the Birkin and the Hermès marks.
2. Duration, extent and geography of use
Hermès has been around since 1837.
- The Birkin bag shape dates back to 1984.
- The “carriage with horse” device has been used since 1938.
The Court treated this long and consistent use as strong evidence that consumers link these signs to a single source.
3. Promotion and publicity
The judgment records Hermès’ global advertising, curated brand communication and sustained presence in fashion media. Over time, they have built a very clear association between the Birkin silhouette, the Hermès word mark, the device marks and the underlying business.
4. Registrations and applications
Hermès supported its case with:
- The 3D Birkin shape mark was applied for in India on 29 July 2008.
- The plaintiffs maintain an extensive portfolio of registrations for the subject marks in multiple jurisdictions.
The Court treated this as evidence of both use and recognition in different markets.
5. Enforcement and recognition abroad
Hermès also showed that it actively watches and enforces its rights.
The material included:
- enforcement actions in India and other countries, and
- recognition of the Birkin shape as a well-known mark by the French Federation of Leather and Travel Case Makers, as well as references in the INTA Bulletin.
Together, this showed that the brand is not only well known but also protects its rights.
What the Court Finally Held
After weighing all the material, the Court concluded that the Birkin shape and the related Hermès marks satisfied the criteria for well-known status under Section 2(1)(zg). The judgment records that the subject marks merit recognition as well-known Trade Marks and declares them accordingly.
The Court also granted a permanent injunction restraining the defendants from using the marks.
In simple terms:
- The Birkin silhouette itself is now recognised as a well-known mark in India.
- So are the Hermès word mark and the relevant device marks.
What This Means for Brand Owners
The decision underlines a few clear points for businesses that rely on design and shape to stand out.
1. Trademark becomes powerful
A trademark becomes powerful by registration, consistent use in the market, recognition by consumers, and supported by evidence of reputation, continuous use and timely enforcement.
Product shapes, like the Birkin form, are no exception. They follow the same rule.
2. Reputation has to be documented
Hermès succeeded because it could prove its story:
- historic use,
- media coverage,
- global and Indian registrations, and
- a track record of enforcement.
For any brand aiming for similar protection, this kind of documentation is not optional. It is the foundation of the claim.
The Hermès Birkin decision is a reminder of what is possible when brand building, legal strategy and enforcement stay aligned over decades.
A product shape that began as a design choice is now written into the law as a well-known mark.
Governing Law
Trade Marks Act, 1999: Section 2(1)(zg), Section 11(2), Section 11(6),Section 11(7), Section 29,Section 31 | Trade Marks Rules, 2017
