Dissatisfied with the decision by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) over registration of 3D marks on its products line of “Birkin” and “Kelly” handbag, recently, Hermes Group, a famous French company, sought legal remedy to reverse the ruling at the Beijing No.1 Intermediate People's Court. The Court recently maintained the ruling by the Trademark Review and Adjudication Board (TRAB).
Hermes was first rejected by the Trademark office for registering the “Birkin” and “Kelly” bag. The court reviewed the case and ruled that relevant design part (open and close) of the two 3D marks is functional and do not hold any distinctive features.
