Three groups of legal relationships can determine the documents required for OEM production: the first group is between the entrusting party and the Trademark Administration Bureau. In this group of relationships, the entrusting party needs to apply for trademark rights in accordance with the "Trademark Law". To obtain the corresponding certificate; the second group is the entrusted party, that is, the unit that specifically processes the product. This unit needs to have production qualifications, so the production unit needs to apply for the corresponding administrative license from the market supervision and management department; the third group is OEM The entrusting party and the entrusted party of production need to sign a legal and effective entrustment processing contract.
Legal basis: "Trademark Law of the People's Republic of China"
Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks and collective trademarks Trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.
The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
Article 22 An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.
Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.
Trademark registration applications and other relevant documents can be submitted in writing or by data message.
"Administrative Licensing Law of the People's Republic of China"
Article 39: If the administrative agency makes a decision to approve administrative licensing and needs to issue an administrative license, it shall apply to The following administrative licenses are issued with the seal of this administrative agency: (1) Permits, licenses or other certificates; (2) Qualification certificates, qualification certificates or other certificates of qualification; (3) Approval documents or certification documents of the administrative agency ; (4) Other administrative licenses stipulated in laws and regulations. When administrative agencies implement inspection, testing, and quarantine, they may affix labels or stamp inspection, testing, or quarantine seals on equipment, facilities, products, and items that have passed inspection, testing, or quarantine.
Article 40 The decision to grant administrative licensing made by the administrative agency shall be made public and the public shall have the right to inspect it.
Article 919 of the "People's Republic of China and Civil Code": An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.
For OEM production, you must first have a trademark, and then find a company with production qualifications and sign a contract to entrust production. Products requiring QS must be filed with the Technical Supervision Bureau.
Independent production requires: business license, organization code certificate, production license, health license, product inspection report, trademark registration certificate, etc. If it is entrusted processing and production, it only needs to be a legally registered enterprise. Just sign a commissioned processing agreement with the processing factory, go through the commissioned processing registration procedures, product inspection procedures, product registration, etc. In accordance with the provisions of the "Food Safety Law of the People's Republic of China" and the "Measures for the Administration of National Food Safety Standards", and after review and approval by the National Food Safety Standards Review Committee, the National Food Safety Standard "General Hygienic Standards for Food Production" is now released. Hygiene Standards" (GB14881-2013). The standard is divided into 14 chapters, including: scope, terms and definitions, site selection and factory environment, factory buildings and workshops, facilities and equipment, sanitation management, food raw materials, food additives and food-related products, food safety control in the production process, inspection, Storage and transportation of food, product recall management, training, management systems and personnel, records and document management.
The appendix Guidelines for Microbiological Monitoring Procedures in Food Processing provides food production enterprises with guidance on establishing monitoring procedures that are more difficult to control in the food production process.