A five-year trademark dispute between Microsoft Corp. and a Chinese glass manufacturer ended with the latter's victory, a Henan-based newspaper, Orient Today, reports on Thursday.
Ningbo Windows Glasses Company was found in 2001. At the beginning, it registered the Chinese trademark of "WINDOWS" and applied for the English one subsequently.
However, the company soon received an attorney opinion letter from Microsoft, claiming that the Chinese side was violating its popular Windows trademark and must withdraw its application as soon as possible, otherwise it may face huge charge in the future.
Microsoft pointed out that the term "WINDOWS" tends to remind everyone of the famous multinational corporation.
But the Ningbo company responded by saying "WINDOWS" may be linked to Microsoft when it is mentioned in the context of computers. However, it is not just a generic computing term but can also be used in lots of other fields.
The company also argued that the two companies' trademarks are designed in different writing styles. Moreover, a glass manufacture obviously can not challenge Microsoft's business.
All in all, Ningbo Windows Glasses said it didn't violate Microsoft and refused to give up its application.
After a five-year wait, three years longer than normal processes, the Chinese company was finally paid off by receiving the "WINDOWS" trademark from the Trademark Office of China.
The trademark "WINDOWS" is used worldwide by Microsoft to identify Microsoft's operative systems. The campaign to fight for the mark's ownership has never ceased in recent years.
(CRI January 10, 2008)