Protection Of Pattern Trademarks From Non‐Use Cancellation In China

How Burberry may lose its tartan trademark in China

The news of Burberry, the world famous UK fashion brand, risking to lose its trademark rights over its signature "Haymarket Check" pattern (hereafter also referred to as the "tartan trademark") in China have reached the western hemisphere at the end of 2013. However, reports of this serious legal matter in Europe and the US have been scant and downplayed by Burberry. The provisional trademark revocation by the Chinese Trademark Office has been blamed to the bad faith of the Chinese "free‐rider" and to the Chinese legal system. Is Burberry just another innocent victim of an unjust legal system or does the English brand bear some responsibilities for not having properly managed its IP portfolio in China? Are other brands immune from the risk of experiencing a similar situation?