Hèrmes International v. Markus Bennemann, R 192/2024-2 (EUIPO, Second Board of Appeal)

The EUIPO recently ruled in favor of Hermès in a trademark dispute concerning the company's stylized "H" design. A German citizen had challenged the validity of the trademark, arguing that Hermès had not sufficiently used the design on sandals to maintain its trademark rights.

Hermès countered that the "H" design is not merely a decorative element but serves as a distinctive trademark. The company provided evidence of the design's use on various shoe models, including sandals, and argued that it is a common practice in the luxury footwear industry to incorporate trademarks into the shape of sandals.

The EUIPO's Board of Appeal agreed with Hermès, finding that the "H" design on the vamp of sandals functions as a trademark, enabling consumers to identify the source of the product. The Board noted that high-end consumers are particularly attentive to subtle design elements, making the "H" design even more significant as a trademark.

While the decision was a victory for Hermès in the case of sandals, the broader question of whether the "H" design has been sufficiently used on other products, such as clothing and accessories, remains to be determined.