Burberry loses check pattern mark in China

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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 ros bottom lb

More from across our site

Harpreet Dhaliwal is HGF’s first lateral partner hire since it received private equity investment at the end of last year
Munich-based Epic Legal, founded by Nicolás Schmitz and Philipp Strommer, hopes to attract market talent by abandoning old-hat systems
OpenAI’s claims that China’s DeepSeek violated its proprietary technology should prompt the US company to rethink its past actions
OpenAI’s accusation against Chinese AI tool DeepSeek and a significant licensing deal for Nokia were among the top talking points this week
Counsel weigh in on how firms should be thinking about surveys in wake of closely followed trademark ruling
Melissa Harwood, who joined this week, said she was impressed by the firm's Seattle presence and is anticipating a busy schedule
Exclusive data and analysis show why counsel in some regions may demand stronger DEI compliance from law firms than their peers elsewhere
Amazon’s bid to restrict access to documents, a ruling on the UPC’s reach, and a case that could bar in-house lawyers were among the top stories
Fish & Richardson’s CEO explains why opening a Chicago office was a natural step and outlines his hopes for attracting new talent
Thomas Chartres-Moore, partner at Stephens Scown, explains how he combined the skills of his IP team with the firm's commercial team to defeat Aldi
Gift this article