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

A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja and Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Gift this article