Trademarks and the New Dynamics of Fashion Branding

Understanding how 'trademark law's role in fashion branding' shapes industry success can instill confidence in legal strategies as vital tools for brand differentiation and protection. The global fashion industry is becoming increasingly complex as cultural factors, digital acceleration, and intellectual property converge, creating new strategic challenges. Trademark law is one of the most essential parts of this ecosystem. It affects how brands set themselves apart, protect their creative work, build consumer trust, expand geographically, and maintain their brand equity over time.

The Delhi High Court's recent decision that Hermès and the Birkin bag's 3D shape are well-known trademarks in India has become a landmark case that underscores the importance of trademarks in managing luxury brands, especially in markets where fashion is rapidly evolving culturally and economically.

Image Credit: Representative image sourced from Business Standard (2025).

The decision is not only a legal milestone; it is also a big deal for strategic brand governance and fashion marketing. The court has confirmed that trademark protection in the modern fashion world is not just one-dimensional. It has recognized the name "Hermès," the word mark "Birkin," and the famous three-dimensional shape of the Birkin bag as well-known trademarks.

In today's digital world, where brand images can be copied in minutes, and fake goods are sold on e-commerce sites, social media, livestream shopping, and global supply chains, protecting a product's identity is now a basic need for long-term success. The idea of a well-known trademark, especially in a country as large and economically important as India, has significant effects. Famous trademarks are protected more broadly, even for goods and services that are not the same, and they are legally assumed to be reputable. When a court finds that a product's shape is a trademark, it reinforces the idea that art, craftsmanship, and a unique shape are integral to a brand's identity. In the fashion business, where design is not just about looks but also a key part of branding, this changes trademarks from simple legal protections to essential marketing tools.

To understand why the Birkin bag is a well-known trademark, you need to look more closely at how luxury brands build their identities. Through decades of controlled production, storytelling, and celebrity association, the Birkin has become rare, well-crafted, exclusive, and a symbol of status. Even without logos, its shape is easy to recognize, which is a sign of strong luxury branding.

The Delhi High Court's decision confirms that a trademark becomes a tool of semiotic communication when people can tell what a brand is by looking at its shape, pattern, stitch, or material finish. It lets the brand show it is real without using obvious labels, which aligns with the modern trend of "quiet luxury" or logoless branding. Trademark law is, therefore, a key part of how fashion companies market their products. A well-protected brand can tell incredible stories, invest in new ideas, and confidently enter new markets. Without legal protection, marketing investments are at risk of being stolen by competitors, copied by fake manufacturers, and diluted.

The Birkin's success in India shows how legal clarity enables long-term brand storytelling by ensuring the brand's identity can't be stolen. For high-end brands looking to grow in Asia's expanding markets, enforcing trademarks is an important step to ensure the brand's value proposition is understood, respected, and protected. This case also shows how important it is for fashion to have three-dimensional trademark recognition.

When people use image-heavy social media sites like Instagram, TikTok, Xiaohongshu, and Pinterest, design elements often spread faster than text-based branding. A 3D trademark protects against visual copying before it happens. This is becoming more important as AI-generated product copies, bootleg aesthetics, and "dupe culture" become more common. Shape-based trademarks not only protect brands legally, but they also add measurable marketing value by making their products more recognizable. This is especially true for luxury brands.

From a management perspective, trademark strategy must now be part of the overall brand governance. The fashion industry has shifted from telling seasonal stories to building year-round digital narratives. Campaigns, influencer partnerships, livestream promotions, and retail experiences all depend on consistent brand cues. To keep things consistent across all markets, trademarks, logos, monograms, silhouettes, patterns, and product configurations must all align with marketing communications. The Birkin case shows once again that a trademark is more than just a legal tool; it is also a part of a brand's history, authenticity, and perceived value.

The decision also shows that India's intellectual property law in the fashion industry is becoming more advanced. India is one of the biggest consumer markets in the world. Luxury goods are becoming more popular, online shopping is growing, and people are learning more about what they want. Legal systems in developing countries are essential for protecting global brands as they expand into new areas. The fact that Hermès' 3D trademark is recognized shows that the courts understand how fashion design, brand equity, and consumer perception are all connected.

The effects go beyond just high-end brands. Modern fashion brands, whether they are high-end, mass-market, or fast fashion, can also use trademarks to stand out in crowded markets. Trademarks help brands prove that their products are genuine and prevent others from misleadingly copying them. This is important as sustainability, ethical production, and supply chain transparency become more important. Even new designers can benefit from registering their trademarks early on. This protects their unique styles, builds trust with investors, and makes it easier to work with retailers.

In the end, trademarks are evolving into comprehensive brand assets that influence how fashion companies protect their creative ideas, compete globally, and connect with customers.

The Delhi High Court's decision to protect the Birkin bag signals a future where legal protection and brand strategy are inseparable, guiding industry professionals toward more integrated approaches. This decision shows that the Indian courts are very much in line with global fashion IP frameworks, giving brands a strong means of protection. As fashion becomes more global and digital, the need for unified trademark systems grows stronger. The case serves as a template for brands to enhance their legal protection strategies. For marketers, it shows how adding intellectual property to brand stories can make them more memorable and emotionally powerful. It makes branding cues that help consumers decide what to buy more reliable.

Design is no longer the only thing that defines fashion; the legal and marketing systems that support its global presence do too. Trademark protection is becoming a competitive edge that shapes how brands communicate with one another, generate new ideas, and grow. The Hermès ruling in India is more than just a legal decision; it shows how fashion is changing and how trademarks will play a role in its future, where creativity, commerce, cultural resonance, and brand identity come together.

Arman POUREISA

Marketing Manager

Raffles Indonesia

References

Business Standard. (2025). Delhi HC recognises Hermès Birkin bag as well-known trademark in India [Representative image]. https://www.business-standard.com/india-news/delhi-hc-recognises-hermes-birkin-bag-as-well-known-trademarks-in-india-125112501125_1.html

LiveLaw. (2025). Delhi High Court rules Hermès Birkin bag as well-known trademark in India. https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-rules-hermes-birkin-bag-well-known-trademark-311063

Hermès. (2024). History of the Birkin bag. https://www.hermes.com

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