When two parties cooperate in OEM production, the following issues should be paid attention to when determining the trademark registration and manufacturer:
1. The custom-made party is not the legal trademark right holder, nor is it the trademark owner. Nor is it the trademark owner. In this case, if the OEM enterprise lacks the awareness of self-protection, fails to perform reasonable review obligations, and does not require the custom-made party to provide a trademark ownership certificate or relevant certificates of trademark use rights, there is bound to be a great risk of infringement of trademark rights. into the infringement of producing goods by counterfeiting other people’s trademarks. If the custom-made party's behavior constitutes infringement, then the OEM manufacturer will be jointly and severally liable for compensation;
2. The custom-made party allows the OEM manufacturer to produce and sell goods under the target trademark;
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3. OEM manufacturers sell OEM products without permission from the ordering party. Sometimes, the ordering party not only continues to require the OEM to produce OEM products for sale on its own, but also commissions If an OEM manufacturer sells OEM products, the two parties shall sign a separate entrusted sales contract. When the ordering party allows the OEM manufacturer to sell OEM products, a new production and sales relationship is formed between the two parties. The OEM manufacturer should do so within the permitted scope and sales quantity, otherwise it will not only constitute a breach of contract, but also constitute a breach of contract. Trademark Infringement. Selling OEM products without permission constitutes trademark infringement.
Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, and if a dispute arises, it shall be resolved through negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.