The god of travelers and thieves
Exclusive, expensive, coveted.
Words that aptly describe the products of the Hermès brand. This fashion house is particularly renowned for its handbags (the Birkin bag being a prime example) and scarves. Luxury goods with a luxurious appeal. It's imperative that the exclusivity and reputation of the brand must be fiercely protected.
So what happens when suddenly a law firm emerges bearing the name 'Hermes' and a corresponding logo? Not ideal. This is precisely why Hermès has registered its trademark in various classes (a total of 29!). With this trademark, it becomes relatively straightforward to fend off potential infringers. This was also the case here, as Hermès' trademark had also been registered for legal services.
The European trademark office could easily determine that the trademarks were similar and the services identical. There was a clear risk of confusion. Consequently, the wordmark and logo of HERMES from the law firm were rejected.
It's worth noting that there are quite a few HERMES trademarks in the register. Names of Greek gods appear to be popular brand names. Not everything poses a challenge for Hermès, of course, but with such extensive registration it is at least made easy to discern what they are willing to permit and what they aren't.
Author: Arnaud Bos
Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.