The plaintiff Honda Co., Ltd. is a large-scale multinational enterprise specializing in the ships, vehicles and other means of transportation, etc. It was approved by the Trademark Office on August 14, 1998 to register the trademark No. 1198975 for use on the goods in class 12 as ‘vehicles, land-use mobile vehicles, air-use mobile vehicles, and water-use mobile vehicles, automobiles, motorcycles, etc.’and has been renewed until August 13, 2018, and was approved on December 17, 1988 to register the trademark No. 503699 for use on ‘motorcycles, tractors, and components of the afore-mentioned goods’and the duration of exclusive right of use of the trademark has been renewed until November 9, 2019.
Hengsheng Group Company is a limited liability company registered on September 29, 1998, Hengsheng Xintai Company is a limited liability company registered on June 9, 2001, the legal representative of Hengsheng Xintai Company and Hengsheng Group Company is Wan Xun, both companies are the relationship of head office and the subsidiary. On June 30, 2016, Kunming Customs issued to Honda Co., Ltd. the "Notice on Kunming Customs of the People's Republic of China Confirming the Intellectual Property Status of Imported and Exported Goods" (Kunming Customs Zhiqinzi [2016] No. 40) informing Honda Co., Ltd. That on June 28, 2016 Ruili Customs, a subsidiary of Kunming Customs, seized a batch of motorcycles in number of 220 declared for export with the trademark "HONDAKIT" . Kunming Customs believes that the batch of goods may be suspected infringing Honda's intellectual property right recording with the General Administration of Customs, requiring Honda Co., Ltd. to submit no later than July 3, 2016, in accordance with Article 14 of the Regulations on Customs Protection of Intellectual Property Rights of the People's Republic of China, a written application to Kunming Customs for requesting protection measures of the intellectual property rights, and submit a security deposit of 100 thousand CNY. Continue Reading
