The Shenzhen Baoan District People’s Court recently issued a civil ruling, ((2015) Shen Bao Fa Zhi Min Chu Zi No. 16), against Shenzhen Burly Power Limited (hereafter referred to as “Burly Power”) in a mark infringement suit brought by TUV Rheinland. To protect the rights of consumers, TUV Rheinland has always taken a strong stance of zero tolerance against the manufacture and sale of poor-quality counterfeit products and the infringement of any intellectual property rights. TUV Rheinland also strives to protect and enhance its brand value as well as its credibility as a provider of independent testing, inspection and certification services. Exclusive rights to the TUV Rheinland test and certification marks are therefore vigorously defended to effectively protect the interests of customers who are authorized to use TUV Rheinland’s test and certification marks. All infringements against our company’s intellectual property are therefore investigated and we reserve the right to take further legal action.
In 2013, Burly Power began to use the TUV Rheinland test marks for 20 products in 9 categories without testing and certification by TUV Rheinland. They sold these products through the online sales platforms www.made-in-china.com and www.gongchang.com with the fraudulent claims including “Passed TUV Rheinland certification” and “Passed GS certification”.
TUV Rheinland believed such behavior not only infringed on its right to exclusive use of the test mark but also caused harm to its business reputation and economic interests. It represented malicious deception of consumers and disruption of socio-economic order and also violated the principles of fair competition. No action was taken by Burly Power despite repeated correspondence, so a test mark infringement suit was filed by TUV Rheinland with the Shenzhen Baoan District People’s Court in Guangdong Province. In November 2016, the court ruled that Burly Power had engaged in mark infringement, also ordered Burly Power to immediately cease infringing on TUV Rheinland’s right to exclusive use of registered test marks. Besides, Burly Power was ordered to pay TUV Rheinland RMB980,000 as compensation for economic losses.
Supporting Made in China 2025
The latest legal victory by TUV Rheinland will act as a strong fighting against test mark infringements and the illegal use of test marks in exporting counterfeit products. In addition to successfully protecting the legitimate rights of a business and its authorized customers, the action taken against counterfeiting represented direct support of the national “Clear Wind” operation established to protect the overseas image of Chinese manufacturing. It also made a contribution to creating a safe consumer environment and maintaining order in the import/export market. Now that “Made in China” is transforming into “Quality Made in China”, and Chinese products are transforming into Chinese brands, Burly Power’s use of fraudulent descriptions on an online platform selling Chinese products to the world damages the international reputation of Chinese manufacturing. The action taken by TUV Rheinland is of great importance in maintaining the reputation of Chinese manufacturing, ensuring the quality of Chinese exports, and the realization of “Made in China 2025”.
As an internationally renowned provider of independent testing, inspection and certification services, TUV Rheinland has always been known for its commitment to quality, safety and integrity. Our brand value has therefore always been considered to be our most valuable intangible asset. TUV Rheinland’s online certification database, www.Certipedia.com, enables the rapid verification of information provided by TUV Rheinland test marks. TUV Rheinland has strict rules governing the use of its trademark and testing/certification marks. Our rigorous brand identity monitoring measures include the establishment of a “Greater China Mark Surveillance” (GCMS) unit to investigate any improper usage and track counterfeit certificates/test reports. GCMS has on numerous occasions in recent years provided customers with export product risk management training. TUV Rheinland’s sharing of experience in combating counterfeiting, raising awareness on intellectual property rights among export enterprises, and helping customers reduce infringement risks during the export process have won universal acclaim. In the future, TUV Rheinland will continue to actively take action against the unauthorized use of the logo and test marks in order to effectively protect our brand image as well as the legitimate rights of our company, customers and consumers.