Burberry loses check pattern mark in China

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

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

burberry.jpg

Burberry's Haymarket pattern

A Guangdong-based leather goods manufacturer Polo Santa Roberta (路必达马球皮具制品公司) 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 18).

more from across site and SHARED ros bottom lb

More from across our site

Tim Gilman, who joined Kasowitz alongside three other partners, says he is excited to be part of the firm’s ‘elite’ litigation team
A backlash against a White House video promoting deportation and Casalonga opening a new office in Düsseldorf were also among the top talking points
The firm has brought on board two counsel and an associate to complement two previously revealed partner hires
Bradford Newman, who has joined the firm’s new Silicon Valley office as head of complex technology disputes, discusses plans to build the practice group and attract local talent
Managing IP summarises the highlights from the IP STARS rankings for copyright and IP transactions work, the final firm rankings release of the year
Developments included the first judgment from the Nordic Baltic division, an injunction covering the UK, and a new code of conduct
Alston & Bird acted for InterDigital, while Samsung was represented by Fish & Richardson, during the arbitration process
Powell Gilbert lawyers reveal how they navigated parallel EPO proceedings and collaborated with European peers to come out on top in the Nordic-Baltic Division’s first judgment
The firms posted increases in revenue and profit per equity partner, with both giving a nod to their IP expertise
EasyGroup, the owner of the easyJet airline, said in a press release that UK-based first-instance judges are “less experienced”, bringing a long-running debate back to the fore
Gift this article