Hermes argues that the other party is trying to piggyback off of the reputation and goodwill of the world-renowned fashion company. The similarity between the HERMES and HAIRMES trademarks is reinforced by Dog Diggin adopting the look and feel of Hermes in its packaging, colors and designs.
The authorities follow this argument. HERMES is a well-known fashion brand worldwide. However, the brands were deemed phonetically and conceptually dissimilar. Visually, there is some degree of similarity between the marks in that both marks begin with the letter H and the last four letters are similar (RMES).
In addition, the company uses virtually the same colors, designs and packaging to promote the dog toys/bedding. It is clear to the trademark authorities that Dog Diggin Design intends to use the reputation of Hermes. Therefore, the trademark application is refused. (Source image: Abcor)
