In OEM disputes, the following situations often occur:

1. The ordering party is not the legal trademark owner, neither the trademark owner nor the trademark user.

in this case, if the OEM enterprise lacks the awareness of self-protection, fails to make a reasonable review obligation, and does not require the ordering party to provide the trademark ownership certificate or the relevant certificate of trademark use right, it is bound to have a great risk of infringing the trademark right and be involved in the infringement of counterfeiting other people's trademarks to produce goods. If the ordering party's behavior constitutes infringement, then the OEM enterprise shall bear joint and several liability for compensation.

2. The ordering party allows OEM enterprises to produce and sell goods under the target trademark.

sometimes, the ordering party licenses the OEM enterprises to use their own trademarks, and collects the trademark use fees from them, instead of paying the processing fees and other fees. In this case, the OEM enterprise is actually the producer and seller of the product with the target trademark attached, and the OEM contract is transformed into a trademark license contract, and the processor actually becomes the trademark licensee. Once the cooperative relationship between the two parties changes, the OEM enterprise should file the case according to the trademark licensing procedure, otherwise it will easily violate the law. Sometimes, although the OEM enterprise has obtained the consent of the ordering party and entered into a trademark license contract, when selling in the market, it fails to indicate its own factory name and address on the product packaging, which also violates the corresponding legal provisions.

3. The OEM sells the OEM products without the permission of the ordering party.

sometimes, on the one hand, the ordering party not only continues to ask the OEM to produce the OEM products and sell them on its own, but also entrusts the OEM to sell the OEM products, and both parties sign a separate consignment sales contract. When the ordering party allows OEM enterprises to sell OEM products, the two parties have formed a new relationship between production and sales, and OEM enterprises should carry out it within the permitted scope and sales quantity, otherwise it will not only constitute a breach of contract, but also constitute trademark infringement. If you sell branded products without permission, it constitutes trademark infringement.

4. OEM enterprises fail to mark according to regulations.

Paragraph 2 of Article 26 of the Trademark Law stipulates that "anyone who uses another person's registered trademark with permission must indicate the name of the licensee and the place of origin of the goods on which the registered trademark is used", which requires the OEM to indicate its own name and place of origin as required, otherwise it will also violate the legal provisions.