Burberry loses check pattern mark in China
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Loes van den Winkel, attorney at Arnold & Siedsma, explains why clients' enthusiasm is contagious and why her job does not mean managing fashion models
Allen & Gledhill partner Jia Yi Toh shares her experience of representing the winning team in the first-ever case filed under Singapore’s new fast-track IP dispute resolution system
In-house lawyers reveal how they balance cost, quality, and other criteria to get the most from their relationships with external counsel
Dario Pietrantonio of Robic discusses growth opportunities for the firm and shares insights from his journey to managing director
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Gift this article