In OEM processing, the processing party affixes the trademark to the goods according to the client's requirements. This affixing behavior is only a link in the processing process and does not "use" the trademark. The processing party only charges a certain processing (labor) fee according to the processing contract, and the ownership of the products it processes still belongs to the entrusting party, and is sold by the entrusting party. The entrusting party is the real trademark user. If the processing party does not process products beyond the quantity and scope required by the OEM processing contract, it will not obtain revenue from the use of the trademark, and will not damage the trademark rights and interests of the entrusting party (trademark registrant) through the use of the trademark. Therefore, the act of affixing a trademark on goods by the processor during OEM processing is not a trademark use that realizes the function of the trademark, and does not constitute trademark use within the meaning of the Trademark Law.

Legal basis:

Article 3 of the "Regulations for the Implementation of the Trademark Law" stipulates the use of trademarks: "The use of trademarks as referred to in the Trademark Law and these Regulations includes the use of trademarks for The regulations only define the objects and scope of trademark use, but do not specify the purpose of trademark use. In law enforcement practice, if a trademark cannot be seen attached to goods, product packaging and other carriers, it will be deemed as "trademark use", and the purpose of "use" should also be considered.