French luxury brand Hermes International (Hermes International) famous "H" One of the symbols has been declared by the Delhi High Court in India as "Well-known trademark" .

2022 years 12 month, Court vs. defendant Crimzon Fashion accessories (Mumbai-based luxury footwear brand) The trademark infringement case ruled in favor of Hermes. Crimzon Was found to have used fraudulently similar ones on its website "H" mark.

Hermes sought a permanent injunction against the Indian brand, The ban on 12 Monthly approval, And apply for its logo "famous" identity. The brand says, They carry "H" Logo products are being sold at Hermes stores in Mumbai and Delhi. The company also cited the store's catalog, Articles and magazines, Such as "fashion (Vogue) " and "Harper's Bazaar (Harper's Bazaar) " , as "H" Mark evidence of reputation and recognition in India. Court of justice 2023 years 2 month 8 Day grant "Well-known trademark" identity.

The protection of well-known trademarks extends to different goods or services, Ordinary trademarks or marks must meet certain conditions to receive such a wide range of protection.

Well-known trademarks are also the relative grounds for rejecting an application for trademark registration. Theoretically speaking, The registrar may refuse to register a trademark that is identical or similar to a well-known trademark, Rather than citing it as a conflicting trademark in a review report.

Hermes "H" Logos join a growing list of trademarks that have been declared well-known in India, Which includes LV, Cartier, Intel and Google.

The Delhi High Court decision provides an excellent template for how a trademark can attain well-known trademark status. In this sense, Other luxury brands and brands in other industries are likely to seek trademarks based on the ruling "famous" identification.

Another notable feature of the ruling was the discussion of the target audience. According to India "1999 Annual trademark act" , Whether the trademark is well-known or not must be determined "Relevant public" The Angle of the judgment.

The court heeded the plaintiff's argument, The decision of whether to be famous must be made from the point of view of the public in the relevant industry, In this case, the fashion industry. Although the court did not rule on that specific issue, But since the court did not reject the plaintiffs' argument, Therefore, it can be interpreted as supporting the argument. (Compiled from www. asiaiplaw. com)

translation: Rason group　proofread: Liu Peng

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