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Is OEM trademark illegal?

Legal analysis: There are two situations for OEM products. One is called commissioned production. If the other party knows that your trademark will be affixed to it after processing, it will naturally be fine.

But there is another way to purchase other people’s things and put your own brand on them without permission. This is illegal and infringes on other people’s registered trademark rights.

According to the provisions of the Trademark Law, any of the following acts shall infringe the exclusive right of a registered trademark: 1. Using the same or similar goods on the same or similar goods without the permission of the trademark registrant as the registered trademark Trademarks with identical or similar trademarks; 2. Selling goods that infringe the exclusive rights of registered trademarks; 3. Forging or manufacturing registered trademarks of others without authorization or selling forged or unauthorized registered trademarks; 4. Without the consent of the trademark registrant , replaces its registered trademark and puts the goods with the replaced trademark into the market; 5. Causes other damage to the exclusive right of others to register a trademark.

Legal basis: "Trademark Law of the People's Republic of China" Article 3 Collective trademark refers to a trademark registered in the name of a group, association or other organization for use by members of the organization in commercial activities. A flag indicating 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 origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality.