Hermes is a French luxury design house, widely recognized as a luxury fashion brand and source indicator of Hermes International. Hermes specializes in leather goods, lifestyle accessories, home furnishings, perfumery, jewellery, watches and ready-to-wear.
In October 2019, Dog Diggin Designs who specialize in parody pet products had applied for a mark “HAIRMES” for beds, pillows, pet cushions and toys for household pets at the Japan Patent Office (‘JPO’). The JPO granted protection to the mark “HAIRMES” in July 2020, and published the mark for opposition.
Hermes opposed the mark “HAIRMES” and argued that the mark ought to be cancelled because the high degree of deceptive and phonetic similarity between “HAIRMES” and “HERMES” was likely to cause confusion in the minds of the public and dilute the reputation and popularity of HERMES in the fashion industry and among relevant consumers in Japan.
Hermes further alleged that that Dog Diggin Designs had copied the packaging design and the colour-scheme similar to that of Hermes with a malafide intent to free-ride the reputation earned by HERMES.
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The JPO Opposition Board negated the similarity between the marks and observed that “from appearance, the difference of “AI” and “E” in the middle of a respective word would suffice for relevant consumers to distinguish them.” Phonetically, “HERMES” is easily distinguishable from “HAIRMES” because of the difference in the first and second given both marks just consist of four sounds respectively. Conceptually, the opposed mark does not give rise to any specific meaning.” Saying this, the Board denied a likelihood of confusion.
*We do not claim any copyright in the above image. The same is used only for representational and academic purposes.
Based on the foregoing, the JPO dismissed the allegations of Hermes and held that the opposed mark shall remain valid as per the status quo.