Honda Giken Industrial Co., Ltd., founded in 1948, is a well-known multinational enterprise with a long history. In the course of more than 70 years of development, it has focused on the research and development of high-quality products, committed to brand promotion and the maintenance of intellectual property rights. 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, and several 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, civil and other legal procedures.

In June 2016, Ruili Customs, a subsidiary of Kunming Customs, seized 220 motorcycles with the "HONDAKIT" logo declared for export by a company in Chongqing. The "HONDA" logo was prominently used, suspected of infringing Honda's registered trademark. Exclusive rights. After the first instance of the Dehong Dai and Jingpo Autonomous Prefecture Intermediate People's Court of Yunnan Province, the second instance of the Yunnan Provincial Higher People's Court, and the Supreme People's Court, a company in Chongqing was finally found to have infringed Honda's registered trademark rights by producing and exporting the motorcycle involved. ?According to the ruling spirit of the Supreme People's Court in the Supreme People's Court Case No. 138 (2019), trademark use is an objective behavior and should be interpreted in a consistent manner in accordance with the Trademark Law. One behavior should not be isolated and only one At this stage, as long as it is possible to distinguish the source of the goods, the use should be deemed to be "use of a trademark" within the meaning of the Trademark Law. At the same time, with the development of e-commerce and the Internet, even if the allegedly infringing goods are exported abroad, there is still the possibility of returning to the domestic market; Chinese consumers travel and consume abroad in large numbers, and there is also contact and confusion about "OEM products" possibility. ?As far as the case itself is concerned, this case is another civil judgment made by the Supreme People's Court on trademark infringement disputes related to foreign OEM processing after the "PRETUL" and "Dongfeng" cases. Legal issues such as "non-trademark use" and "no confusion" have been in-depth analyzed and clarified through this case. This case can be said to be a landmark judgment in the field of foreign-related OEM processing, and will definitely leave a deep mark on the history of Chinese intellectual property law.

This article comes from the author of Autohome Chejiahao and does not represent the views and positions of Autohome.