What are the identification methods of color protection required by design?

1. If it is well known, just judge the pattern and color; If the shape, pattern and color are the contents of the new design, it is necessary to judge by the combination of the three. When judging infringement.

2. If the design patent protects the color, and the product accused of infringement is the same as the color protected by the patentee, it constitutes infringement. How to treat the relationship among shape, pattern and color in a design?

(1) If the color required to be protected is not indicated in the pictures and photos of the design, then others use the same or similar shape as the patented design on the same commodity, which constitutes infringement; Using the same or old shape as the patented design and adding color still constitutes infringement.

(2) Where the patent requests to protect the color, the infringement is established if others use the same or similar shape and color on similar goods; If the objects accused of infringement are different or similar in shape but the same in color, it does not constitute infringement; if they are the same in shape but different in color, it does not constitute patent infringement.

The above is for reference only, hope to adopt ~