Honda Technology Research Industry Co., Ltd., founded in 1948, is a well-known multinational enterprise with a long history. In the development process of more than 70 years, we focus on the research and development of high-quality products, and are committed to brand promotion and intellectual property protection. Products such as automobiles, motorcycles and general machinery are sold all over the world. ? In China, Honda has registered and used a series of trademarks for a long time. Many trademarks have been recognized as well-known trademarks by the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board and courts at all levels in administrative and civil legal procedures.

From June 2065438 to June 2006, Ruili Customs under Kunming Customs seized 220 motorcycles with "HONDAKIT" logo declared for export by a company in Chongqing, and highlighted the use of "HONDA" logo, which was suspected of infringing on Honda's exclusive right to register a trademark. After the first trial by the Intermediate People's Court of Dehong Prefecture, Yunnan Province, the second trial by the Higher People's Court of Yunnan Province, and the arraignment by the Supreme People's Court, it was finally determined that a company in Chongqing infringed Honda's exclusive right to use a registered trademark. ? According to the spirit of the Supreme People's Court's (20 19) Supreme People's Court JudgmentNo. 138, trademark use is an objective behavior, which should be interpreted in accordance with the Trademark Law as a whole, instead of separating an act and looking at only one link. As long as the source of goods can be distinguished, the use status should be considered as "trademark use" in the sense of the Trademark Law. At the same time, with the development of e-commerce and internet, even if the accused infringing goods are exported abroad, there is the possibility of returning to the domestic market; There are a large number of domestic consumers traveling abroad, and there is also the possibility of contacting and confusing "brand goods". ? As far as the case itself is concerned, this case is another civil judgment made by the Supreme People's Court on the trademark infringement dispute of foreign-related licensing processing after the "Preite" and "Dongfeng" cases. Legal issues such as "non-trademark use" and "no confusion" have been thoroughly analyzed and clarified through this case. This case can be described as a landmark judgment in the field of foreign-related licensing, which will surely leave a deep mark on the legal history of intellectual property rights in China.

This article comes from car home, the author of the car manufacturer, and does not represent car home's position.