Whether the state allows trademark holders to manufacture on an OEM basis

Peculiarities of the use of trademarks in OEM.

In OEM production, it is often necessary to affix the trademark required by the custom party to the product, so the use of another person's trademark in the process of processing belongs to the scope of trademark license. Under this relationship, the customizer is the licensor and the OEM manufacturer is the licensee. Licensing others to use a registered trademark is an important right of the trademark owner under the Trademark Law, and the licensor must be the owner or legal user of the registered trademark.

However, in OEM production, the use of a trademark is different from the licensing of a trademark

1) There is an essential difference in the way fees are collected: in the trademark licensing relationship, the relationship between the licensee and the licensor is the trademark right.

In the interest loan relationship, the licensor charges the trademark royalty after lending part of the trademark use right to the licensee. In OEM production, made-to-order.

The party has to pay the processing fee to the OEM manufacturer, which generally does not involve trademark use fees.

2) Different ways of disposing of trademark rights: In the trademark licensing relationship, the trademark owner licenses the licensee to use the right.

The right to use the trademark of the licensee can be used on the goods manufactured or sold by the licensee, and the goods and their attachments.

Trademark rights may be disposed of together. In OEM production, OEM manufacturers are only responsible for producing products according to the requirements of the custom-made party.

The contract shall be reported to the Trademark Office for the record, therefore, the filing of the trademark license is a necessary procedure, and the licensee owns the premises of the products produced.

It has the right to independently bear the legal responsibilities for trademark infringement and product quality arising from the product. and the line where the trademark is used in OEM production.

There is no clear requirement in the law on whether it is necessary to file with the Trademark Office, and although the custom-made party does not directly produce the product, it has the right sticker.

The right to dispose of brand products, and bear legal responsibilities for trademark infringement and product quality.

For specific details, go to the Shewen Trademark Manager for 24-hour free consultation.

Trademark OEM is within the scope of trademark authorization, and the user can use it on an OEM basis if it is authorized by the trademark owner, and the scope of application of the authorization will also be marked in the authorization contract. It is sufficient to do the trademark authorization filing in time.

According to paragraph 3 of Article 26 of the Trademark Law, a trademark license contract shall be reported to the Trademark Office for the record, so filing in the trademark license is a necessary procedure, and the licensee has the ownership of the products produced and independently bears the legal liabilities for trademark infringement and product quality arising from the products. However, there is no clear requirement in the law as to whether the use of a trademark in OEM production requires a record with the Trademark Office, and although the custom-made party does not directly produce the product, it has the right to dispose of the OEM product and bears legal liabilities such as trademark infringement and product quality.

There are too many OEM, the more well-known, representative is the Antarctic people, and now it is all OEM.

More different products of a brand are often produced by different manufacturers, the most famous I know is that AMD's CPU is produced through TSMC in Taiwan, AMD is just a company engaged in scientific research CPU development, TSMC is responsible for producing for him, of course, the quality of production must be verified by AMD quality control.

In addition to ***, the official stores, self-operated stores, specialty stores, direct sales stores, and factory stores of Antarctic people are also dazzling. Antarctica, founded in 1997, is one of the earliest underwear companies in China, the first thermal underwear products, creating a new path for the development of China's underwear industry.

After 22 years of growth and transformation, Antarctic people have made outstanding achievements in 55 categories of product lines in 9 categories, including underwear, mother and child, clothing, bedding & fabric, kitchen products, shoes, clothing accessories, outdoor, home appliances, etc., and signed a contract with Haiqing, a good daughter-in-law of the people, to jointly bring the "kingdom of all categories of consumer goods" to the Chinese people, and strive to create products that make users scream and create the ultimate user experience.

If you have your own trademark, you can find a manufacturer to OEM and sell it yourself.

In order to reduce costs, shorten transportation distances, and seize the market, enterprises with superior brands entrust other enterprises to process and produce. And provide these manufacturers with product design parameters and technical equipment support to meet the requirements of product quality, specifications and models, etc., and the products produced are labeled with the trademark of the entrusting party.

OEM is a phenomenon that arises with the refinement of the social division of labor, representing actually a division of labor and the idea of detailed competition, and its biggest feature is to realize the separation of brand and production, so that producers can focus more on production, and brand holders are freed from cumbersome production affairs. Instead, focus on technology, service and branding.

Benefits of OEM::1. Reduce investment in fixed assets such as plant and equipment;

2. You don't need a lot of capital to have your own products;

3. Concentrate on design, R&D and sales to avoid wasting time;

4. You can give full play to your own advantages and hand over production-related technology and work to professional enterprises, which can improve product quality and shorten the production cycle.

The above content refers to the Encyclopedia OEM.

Legal analysis: There are two situations of OEM products, one is called commissioned production, and the other party knows that your trademark will be affixed after the processing, so it is naturally possible.

However, there is also a kind of self-purchase of other people's things without permission and affixing their own brand, which is illegal and infringes on the exclusive right to use the registered trademark of others.

According to the provisions of the Trademark Law, any of the following acts shall be deemed to infringe the exclusive right to use a registered trademark: 1. Without the permission of the trademark registrant, a trademark identical or similar to the registered trademark is used on the same or similar goods; 2. Selling goods that infringe the exclusive right to use a registered trademark; 3. Forging or manufacturing the registered trademark logo of another person without authorization, or selling the counterfeit or unauthorized manufacturing of the registered trademark logo; 4. Without the consent of the trademark registrant, the registered trademark is replaced and the goods with the replaced trademark are put on the market; 5. Causing other damage to the exclusive right to use a registered trademark to others.

Legal basis: Article 3 of the Trademark Law of the People's Republic of China A collective trademark refers to a sign registered in the name of a group, association or other organization for the members of the organization to use in commercial activities to indicate the user's membership in the organization. For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

OEM after permission is legal, not illegal. Any person who commits any of the following acts shall be deemed to have infringed the exclusive right to use a registered trademark: (1) Using a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, the use of a trademark similar to its registered trademark on the same kind of goods, or the use of a trademark identical or similar to its registered trademark on similar goods, is likely to cause confusion.

Article 770 of the Civil Code, a contract is a contract in which the contractor completes the work and delivers the work results in accordance with the requirements of the contractor, and the contractor pays the remuneration of Sakurayuan. The contract includes processing, customization, repair, copying, testing, inspection and other work.

OEM is only such as land production.

OEM), also referred to as an original equipment manufacturer, has now been extended to refer to the economic model of OEM. Its basic meaning is to accept the entrustment of the entrusting party (trademark owner) to develop and manufacture the product, the product is affixed with the trademark provided by the entrusting party, and all of it is handed over to the entrusting party for sale or operation, and the entrusted producer collects the processing fee. In recent years, this production method has become very popular in many domestic enterprises in foreign-related processing, causing a large number of disputes.

From the above, it can be seen that OEM goods are the act of contracting and processing products with the registered trademarks of others, and the use of trademarks in OEM production does not constitute the use of trademarks in the sense of the Trademark Law. Whether from the definition of trademark use in the Trademark Law or from the legal characteristics of OEM production, OEM does not constitute trademark infringement.

1. The meaning of trademark use in the Trademark Law.

First of all, from the perspective of the meaning of trademark use in the Trademark Law, the use of trademarks in the sense of Trademark Law is different from the use in the general grammar sense, and it involves a field of circulation and exchange. The understanding of the word "use" should not only stay at the level of literal daily meaning, but should be comprehensively understood in combination with the purpose of the act and its consequences, and the meaning of trademark use in the Trademark Law of the regular meeting.

2. Legal characteristics of OEM production.

Secondly, from the perspective of the legal characteristics of OEM production, the use of a trademark in OEM is different from the use of a trademark in trademark licensing. As a Chinese contracting model, the legal characteristics of OEM trademarks are mainly as follows:

1. The customizer has the right to use the trademark (including the right to use the license);

2. The contractor does not enjoy the trademark rights on the OEM products;

3. The processed OEM products should be returned to the given maker or the way specified by the customizer for processing;

4. The contractor shall refer to the name, address and origin information of the person who customizes the product according to law.