Determination of “Separately Registered, Combinedly Used” Trademark Infringement – Comments on the Trademark Infringement Dispute Delta Electronics Inc. v. Delta Electronics Automation (Shanghai) Co.,

Ltd.

August 25, 2016 WeChat OA: zhichanli

(Authors: Liu Fengyu, Liu Le)

[Summary]

In trademark infringement determination, whether the alleged infringing mark is similar to the registered trademark should be determined by reviewing their similarity and the possibility of causing misrecognition or confusion among the public. The similarity comparison shall be conducted between the alleged infringing mark and registered trademark instead of unregistered trademark. New trademark rights cannot be obtained through combining two registered trademarks without registration, and the recognition of well-known trademark shall not be taken as the prerequisite to grant protection to trademarks on identical or similar goods.

For more details, please visit the Chinese website. Thank you!  

contact us

Tel:021-58951988
Email:shzcfy@163.com
Post Code:201203
Address:No. 988 Zhangheng Road, Pudong New Area, Shanghai
Total Reads: 9760
All rights reserved Shanghai Intellectual Property Court copyright(c) 2014-2015 All Rights Reserved