The plaintiff Xinyang Tea Association is the registrant of the geographical indication certification trademark "Xinyang Maojian and Figure". The defendant, a tea house, sells tea in its online shop, and uses "Xinyang Maojian" as the name of the tea, and uses the trademarks "Xinyang Maojian" and "Xinyang Maojian and Figure" on the frontpage of its website. The plaintiff requested the court to order the defendant to stop the infringement and compensate 50,000 yuan on the grounds that the act constituted trademark infringement. The defendant argued that "Xinyang Maojian" was used to express the origin (Xinyang) and name (Maojian) of the goods, not as a trademark. 

After trial, the court held that: "Xinyang Maojian Tea" is a geographical indication product, and the trademark involved is an approved and registered geographical indication certification trademark. The defendant said that it used "Xinyang Maojian" to explain the origin and name of tea, but did not prove that the alleged infringing tea was produced in the relevant geographical scope and met the relevant conditions. The use of "Xinyang Maojian" and "Xinyang Maojian and Map" by the defendant can play a role in identifying the source of goods, which constitutes trademark usage, and its behavior constitutes trademark infringement. 

According to Article 57.2 of the Trademark Law, the following conduct shall be an infringement upon the right to exclusively use a registered trademark: using a trademark similar to a registered trademark on identical goods or using a trademark identical with or similar to a registered trademark on similar goods, without being licensed by the trademark registrant, which may easily cause confusion. Article 48 stipulates that the use of trademarks refers to "using a trademark on goods, on the packages or containers of goods, in the trade documents of goods, or for advertisements, exhibitions, and other commercial activities for the purpose of identifying the origin of goods". 

In this case, the graphic logos of "Xinyang Maojian" and "Xinyang Maojian" used by a tea house on the trade name, tea types on the details page and the display map are prominent and easy to identify, which plays a role in distinguishing the source of goods and belongs to trademark use; Among the alleged infringement marks used, "Xinyang Maojian" graphic mark is the same as the registered trademark involved, and "Xinyang Maojian" is similar to the registered trademark involved, which may easily causes confusion among the relevant public about the source of goods, so the alleged behavior constitutes trademark infringement. 

Known as the "King of Green Tea", Xinyang Maojian ranked the top ten famous teas in China and famous geographical indication agricultural product in Henan Province, enjoying high popularity in China. While According to Article 16 of the Trademark Law, the geographical indications mentioned in the preceding paragraph means a sign that indicates the region where the goods originate and the natural or human dimensions of which primarily decide the specific quality, reputation, or other features of the goods. 

For geographical indication products, there are corresponding national standards for their protection scope, classification and environmental conditions of origin. In this case, the defendant failed to prove that the alleged infringing goods were produced in the relevant geographical scope and met the relevant conditions, hence his unauthorized use of the alleged infringing logo constituted infringement of the geographical indication certification trademark of Xinyang Maojian.