The Supreme People's Court:
In this case, Xindongyang Co. Ltd has registered more than one trademarks named of "Xindongyang" in Taiwan before the application day of disputed trademark.
From 1978 to 1993, Mr. Mai Shilai has held an important position in "Xindongyang" for many years, and was appointed as the vice chairman to take full charge of the mainland market business. Up to now, he is still one of the directors of "Xindongyang" Joint-Stock company.
The statement of Shanghai "Xindongyang" food Co. Ltd. which was submitted by Xindongyang Co. Ltd for a retrial (28/06/2013) also proves the fact that Mr. Mai Shilai was appointed to take full charge of the China mainland market business by the board of directors of the "Xindongyang" Co. Ltd.
On the basis of above, Mr. Mai Shilai was appointed to take full charge of the China mainland market business by the board of directors of the “Xindongyang”. As the representative of "Xindongyang" Co. Ltd in the mainland, he has no right to register the “Xindongyang” trademark in his own name without the permission of his company.
As the legal representative, Mai applies to register the trademark in the name of "Xindongyang" Co. Ltd. Thus "Xindongyang" Co. Ltd can regard him as the agent or representative according to the Article 15, Trademark Law.
Therefore, it is reasonable for the second trial court to insist that "Xindongyang" Co. Ltd. against the rule of Article 15, Trademark Law by register trademark in Chinese mainland without any authorization.