The plaintiff, a foreign company set up in Germany, obtained the exclusive right of the trademark “BIOFRESH” in China. The Court found that the words “Bio Fresh” are used on the panel of fresh room on the inner part of Siemens’ refrigerators and the labels indicating name, type, date of products sticked on the refrigerators’ packages, where however the “SIEMENS” trademark is more extraordinarily marked. Besides this, “SIEMENS” trademark is used on the distinctive places of Siemens’ refrigerators and their packaging boxes.