In a recent development, the Japanese Patent Office Appeals Commission has upheld its previous decision regarding Hermès’ trademark application.
The question at hand is whether the distinctive orange box with a brown ribbon, synonymous with Hermès, can be recognized as a standalone brand trademark. Unfortunately for the Parisian luxury brand, the Japanese Patent Office has rejected their appeal.
Hermès has been striving to register this unique color combination as a distinct feature of its brand packaging, just as it has successfully done in other countries such as France and the USA.
To support their initial claim, Hermès commissioned a survey targeting Japanese consumers aged 30 to 50 with a high income level. The study presented three different boxes in orange and brown, and allegedly, 36.9% of respondents associated them with Hermès. This percentage reportedly increased to over 43% when presented with ten boxes. However, the opposing party criticized the study, citing concerns about its sample size and representativeness.
It is worth noting that Hermès has been using their iconic orange boxes since 1942. Originating from France, these boxes made their debut during World War II due to a shortage of cream-colored cardboard packaging.
As The Fashion Law highlights, Hermès may now have the option to appeal this decision to the High Court of Intellectual Property in Japan. The final resolution of this case will have significant implications for the protection of Hermès’ distinctive brand elements in the Japanese market.
