Whether it is illegal to sell OEM products depends on whether the trademark owner has obtained permission. The details are as follows:

1. If you do not obtain permission, it is illegal and may even violate the crime of counterfeiting registered trademarks. Anyone who uses the same trademark as the registered trademark on the same goods or services without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined. If the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;

2. If OEM sales have been approved, then it is not illegal.

Whether selling OEM products is illegal depends on the following situations:

1. If the perpetrator obtains the permission of the trademark owner and pays the usage fee, it is not illegal;

2. It is illegal for a perpetrator to use his trademark to make profits without permission.

OEM with permission is legal and not illegal.

OEM refers to a manufacturer producing products and product accessories based on the requirements of another manufacturer. It is also called OEM production or authorized OEM production.

It can represent both outsourced processing and subcontracted processing.

The nature of OEM production belongs to pure processing contracting in the Civil Code.

If the illegal income from selling OEM products reaches 20,000 yuan, administrative penalties and fines will be imposed. If the amount involved is as large as 50,000 yuan, the case is serious and it will be considered as suspected of counterfeit and shoddy products, constituting a crime, and the parties concerned shall bear criminal responsibility. Consumers can also sue the service for fraud.

The crime of selling goods with counterfeit registered trademarks refers to the act of selling goods that are knowingly counterfeit and registered trademarks, with a sales amount of more than 50,000 yuan.

1. The subject of this crime is a general subject, that is, it can be any unit or individual;

2. The object of the infringement is the legal exclusive right to use registered trademarks of others and the national trademark management order;

3. The subjective aspect must be intentional, that is, knowingly selling goods that are counterfeiting registered trademarks.

If the perpetrator is unaware of the crime, it does not constitute this crime;

4. Objectively, there must be the act of distributing goods with counterfeit registered trademarks and the amount of sales is relatively large.

Distribution includes wholesale, retail, consignment and other forms. The determination of whether a criminal suspect knowingly sells counterfeit registered trademarks should be determined based on the objective facts of the case. As long as it can be proven that he knew, or should have known, that what he was selling was counterfeit goods, it can be determined that he knew it.

Whoever violates national regulations and commits one of the following illegal business activities, disrupting market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income ; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall be fined not less than one time but not more than five times the illegal income, or his property shall be confiscated:

(1) Operating a franchise or business stipulated in laws and administrative regulations without permission; Specializing in items or other items with restricted sales;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations;

(3) Illegal business licenses, futures, and insurance without approval from the relevant national competent authorities, or illegally engage in fund payment and settlement business;

(4) Other activities that seriously disrupt market order Illegal business practices.

In short, from the appeal analysis, it can be seen that the illegal act of selling goods with counterfeit registered trademarks must not only constitute the four elements of the criminal law, but also require the sales amount to be more than 50,000 yuan. If the public security organ files a case for investigation or the procuratorate files a lawsuit, the parties are advised to consult a professional lawyer.

To sum up, if the illegal sales of OEM products are small, administrative penalties will be imposed and fines will be imposed. The amount of the fine will be determined according to the amount involved. If the circumstances involved in the case are serious, it will constitute a crime, and the corresponding criminal liability will be investigated for the crime of counterfeiting and shoddy products, and the parties concerned shall bear the main responsibility.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 213 The crime of counterfeiting a registered trademark is not owned by a registered trademark Anyone who uses the same trademark as his or her registered trademark on the same kind of goods or services without permission from another person shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. , and impose a fine.

"Trademark Law of the People's Republic of China"

Article 57 Any one of the following acts shall constitute an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same kind of goods without the permission of the trademark registrant;

(2) Using the same trademark on the same kind of goods without the permission of the trademark registrant Using a trademark that is similar to its registered trademark, or using a trademark that is the same or similar to its registered trademark on similar goods, which is likely to cause confusion;

(3) Selling goods that infringe the exclusive rights of a registered trademark;

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(4) Forging or manufacturing other’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

(5) Changing the registered trademark without the consent of the trademark registrant and Putting the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringement of other people’s exclusive trademark rights and helping others to carry out infringement of trademark exclusive rights;

(7) Causing other damage to the exclusive right to use registered trademarks of others.