Bejing Ling Chuang Law Firm

March 3, 2025

Ling Chuang is proud to announce its successful representation of Winkhaus Group, a leading German innovator in window technology and locking systems, in two pivotal trademark opposition cases.

Our client boasts registered trademarks for "WINKHAUS" and "温克豪斯" (Winkhaus in Chinese) across various classes, including Class 6, 7, and 9. Through extensive use and promotion, these trademarks have achieved significant recognition and visibility within the Chinese market and globally. However, a domestic company in Guangdong attempted to register these identical trademarks in Class 1 for goods such as "polyurethane, industrial polyurethane adhesives."

Upon receiving instructions, Ling Chuang immediately assembled a dedicated team to thoroughly investigate the case. We recognized that success in a trademark opposition hinges not only on a robust legal framework but also on compelling evidence and precise arguments.

Our initial step involved gathering substantial evidence to demonstrate the high visibility and originality of Winkhaus's trademarks within the relevant industry. This included comprehensive documentation of trademark registration history, marketing collateral, industry reports, and global usage data, all of which unequivocally showcased the influence and distinctiveness of the WINKHAUS brand.

Subsequently, we conducted an exhaustive analysis of the opposing party's trademark applications. Our investigations revealed that the opponent had not only sought to register "WINKHAUS" and "温克豪斯" but had also filed numerous other similar trademarks. This pattern of behavior strongly indicated an intent to copy and imitate, a clear violation of the principle of good faith enshrined in Chinese Trademark Law.

During the opposition process, the China National Intellectual Property Administration (CNIPA) meticulously evaluated the evidence and arguments presented by both sides. Ultimately, the CNIPA ruled that the contested trademarks should not be registered, citing Article 7 (principle of good faith), Article 30 (assessment of trademark similarity), and Article 35 (opposition procedures) of the Chinese Trademark Law.

Our diligent work on this case has earned significant praise and recognition from our esteemed client. Ling Chuang remains at the forefront of intellectual property protection, steadfastly safeguarding our clients' interests.