IP Protection

Home> Typical Cases

Infringement upon the exclusive right to use a color combination trademark

ensipa.cn| Updated: November 1, 2020 L M S

Infringement by a hardware and electromechanical company upon the exclusive right to use a color combination trademark was recently investigated and dealt with by the market supervision and administration bureau of Jiading district.

The bureau had received a report from the trademark owner, Hiwin Technologies Corp, on May 6, 2019. In response, it carried out on-site inspection of the hardware and electromechanical company located in Shanghai, and found 322 products infringing color combination trademarks no. 189612112 and no. 189612115.

The bureau considered that the party's act constitutes an act of infringing upon the right to exclusive use of a registered trademark as established in article 57 of the Trademark Law, and ordered the party to immediately stop the infringing act, confiscated the infringing products and concurrently imposed an administrative penalty of 10,000 yuan.

It was the first administrative case of infringement of the exclusive right to use a color combination trademark investigated by the Shanghai intellectual property management department. Department personnel inventively and earnestly studied the Trademark Law, the Regulations for the Implementation of the Trademark Law and other relevant laws and regulations, and summarized a set of standards indicating typical color combination trademark infringements.