Holding that Beijing Hongshi Jingqi Trade Ltd. is committing an infringement upon its registered trademark, Beijing Hongshi Paint Company accordingly requested the Court for ordering the respondent to cease the infringement before instituting legal proceedings. It was learned from The Beijing No.2 Intermediate People's Court that such request had been granted. Since year 2001 when Trademark Law of the People's Republic of China was revised, this is unprecedented as the preliminary injunctive was applied.
Trademark “ 红狮 ” and related devices were duly registered and owned by Beijing Hongshi Paint Company a long time ago. The mark “ 红狮 ” has been determined as a reputable mark in Beijing since 2000 by the authorities concerned. Comparatively, as a manufacturer and merchandiser of paint and dope, Beijing Hongshi Jingqi Trade Ltd. used word mark“ 红狮 ” and the related devices around its business location to attract customers . Meanwhile, Beijing Hongshi Jingqi Trade Ltd. adopted the similar word mark “ 红狮 ” and the related devices collectively on the packings to sell paints and dopes in bad faith.. Thus, Beijing Hongshi Paint Company complains that the activities of Beijing Hongshi Jingqi Trade Ltd. constitutes infringement upon the exclusive rights of its registered trademarks. To avoid greater loss caused by theinfringement, Beijing Hongshi Paint Company filed an cease order with the Court for a prohibition of the relevant acts. Followed by its examination, Beijing No.2 Intermediate People's Court held that the application of Beijing Hongshi Paint Company is in accordance with Trademark Law of the People's Republic of China and relevant explanations from Supreme Court of the People, consequently ordered the prohibition of the relevant acts after duly provide with stipulated guaranty bond by the applicant.
