Color combination trademark infringement does not necessarily constitute a crime. If the party's behavior meets the conditions of subjectively intending to infringe trademark rights, objectively committing trademark infringement, having actual infringement losses, having a causal relationship between the infringement and losses, and meeting the standards for criminal conviction, it constitutes a crime. If one of the above conditions is not met, it does not constitute a crime.

Legal Basis

Article 213 of the Criminal Law of the People's Republic of China

Without the permission of the registered trademark owner, no If a trademark that is the same as its registered trademark is used on a commodity, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Article 214

Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined separately. A fine shall be imposed; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.