English luxury goods maker Burberry has appealed a decision to cancel its signature tartan pattern trademark on leather goods by the Chinese State Administration for Industry and Commerce.
The pattern’s trademark was cancelled because the beige-black-and-red pattern has not been used for three years in the country, according to the Trademark Office website. The agency said it had received an application challenging the trademark in February 2012 and that it had made the decision Nov. 13. While the agency did not say who had filed the cancellation application, Foshan, Guangdong province-based leather goods company Road Bi Damaqiu held a press conference following the ruling to claim responsibility for the application.
Following the revocation, Road Bi Damaqiu filed suit against Burberry, demanding Rmb 500 million (US$82.4 million) in compensation, the total losses the company says it has suffered in Burberry-related trademark lawsuits.
The Chinese regulator’s decision won’t affect Burberry’s use of the mark. “In the interim, there is no change to Burberry’s use or enforcement of its trademark across leather or any other products and we are confident that our appeal will be successful,” Burberry said in a statement. “The Burberry Check remains a registered trademark exclusively owned by Burberry and no other parties can use the mark without Burberry's proper authorization.”
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