Burberry loses check pattern mark in China
The China Trade Mark Office (CTMO) has cancelled Burberry’s trade mark on its signature tartan pattern the mark on non-use grounds
A Guangdong-based leather goods manufacturer Polo Santa
filed the cancellation action, arguing that Burberry had not
used its trade mark tartan pattern for three years. The CTMO
sided with Polo Santa Roberta, which has been in disputes with
Burberry in other jurisdictions around Asia, including Hong
Kong and Taiwan.
After the CTMO made its decision, Polo Santa Roberta held
a press conference announcing the result and demanding Rmb
500 million ($82 million) in compensation based on loss of
various business opportunities due to Burberry's enforcement.
It also noted Burberry's continued legal actions against
Polo Santa Roberta in Taiwan, and that courts
there ruled in favour of Polo Santa Roberta in 2004, 2005,
2008 and 2009.
Burberry has filed an appeal with the Trademark Review and
Appellate Board. In a statement, it stressed that the rights to
the mark remain with the company while the matter is pending,
and that the cancellation applies only to leather goods (class