1. Positive answer

Obtaining the permission of the brand owner for OEM production is a kind of commercial cooperation and is a legal act. However, it is illegal to produce products under other brands without authorization. Unauthorized OEM behavior infringes upon the brand’s trademark rights. Brands can defend their rights through negotiation or litigation.

2. Analysis

OEM refers to a manufacturer producing products and product accessories for another manufacturer based on its requirements. It is also called OEM production or authorized OEM production. It can represent outsourced processing or subcontracted processing. Commonly known as OEM processing. OEM processing means that the merchant does not produce the product himself, but entrusts other manufacturers to produce it, and the brand is its own. Unauthorized OEM activities are illegal.

3. Relevant Laws

According to Article 52 of the Trademark Law, any of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

< p>(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant;

(2) Selling goods that infringe the exclusive rights of the registered trademark

(3) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

(4) Replacing trademarks without the consent of the trademark registrant Registered trademark and put the goods with the replaced trademark into the market;

(5) Causing other damage to the exclusive right of others to register a trademark.