Please allow me to introduce our firm is the trademark agency in China for Schunk Gumbh.
As you know,the client's house mark SHUNK logo was pre-empted by Nantong Universal Carbon Co.,Ltd in May of 2001.We timely filed an opposition against this questionable mark while it was published in 2002.For your information,we mainly argued that our client is a professional manufacturer in the field of manufacturing the products"carbon brushed;seal rings"in the world.Due to the favorable product quality and long time promotion,the brand name "SCHUNK logo"has acquiredcertain reputation in this field.Furthermore the opponent has already carried out its business activities in Chinese market since 1980s and the opponent established thesubsidiary company in 1996.Consuderubg the brand name "SCHUNK logo"has beenused almost one century by the opponent,it can referred that the opposed party,as an entity in the same trade,applied for the trademark "SCHUNK logo",merely in bad faith with an attempt of capitalizing on the good reputation on this brand name.
The opposed party filed a counterarguments within prescribed period arguing the opposed mark"SCHUNK logo"was original created on its own.The opponent's earlier unregistered mark is not a well known trademark so that can not deserve extensive protection against the opposed mark.
At the end of last month,we have received the subjiet Notification in which the Trademark Ofice made an unfavorable decision on the opposition.The office ascertai ed that:
1.The opponent have neer applied for any earlier trademark"SCHUNK logo"in class 9 in China
2.The registration of the opposed mark"SCHUNK logo"comp;oed with the "first-to-file"principle prescribed in Chinese trademark law so that can be approved.
3.The opponent said the opposed party pre-empted its earlier reputable mark"SCHUNK logo"and submitted many materials an circumstantial evidences.However,all these evidences were provided by the opponent and \or its subsidiary company and most of Englosh materials are copies and have not been fully translated.