It is not illegal to process and OEM plasters.

For OEM production, both parties sign an agreement and OEM is produced, which is legal. 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 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. In other words, the brand or trademark of the plaster belongs to someone else. After being authorized by the other party, we only help them process and produce it, but the owner of the trademark and other rights and interests still belongs to the other party.

Entrust OEM companies to be responsible for research and development, design, and market development. The advantage of this method is that dealers can formulate the most appropriate marketing plan based on their actual situation. When problems or changes in the plan or market are discovered, they can adjust the plan and formulate countermeasures as quickly as possible. At the same time, the profit margin can be By mastering it yourself, you can avoid many troubles such as disagreements among manufacturers. You can calmly respond to complex and ever-changing business wars with the fastest response and the highest efficiency, and manufacturers can make fuller use of their own resources to achieve the purpose of improving efficiency. In this way, manufacturers can truly complement each other and achieve a win-win situation.

Infringement of the exclusive rights of registered trademarks, also known as trademark infringement, refers to all behaviors that damage the rights and interests of others’ registered trademarks. To judge whether an act constitutes an infringement of the exclusive right to use a registered trademark, it mainly depends on whether it meets four elements: first, the objective existence of the fact of damage; second, the illegality of the act; third, the fact that the damage is caused by an illegal act; fourth, the intentional or intentional nature of the act. fault. When the above four elements are met at the same time, it constitutes trademark infringement.

The main categories of infringement of registered trademark rights are as follows:

1. Using the same or similar registered trademark on the same or similar goods without the permission of the trademark registrant. Similar trademark behavior. This is the most obvious type of trademark infringement that is most frequently encountered in judicial practice. Without the permission of the trademark registrant, it refers to the act of using an identical or similar trademark on the same or similar goods without going through the licensing procedures in accordance with Article 40 of this Law. Its specific manifestations include the following situations: first, using a trademark that is the same as someone else’s registered trademark on the same kind of goods; second, using a trademark that is similar to someone else’s registered trademark on the same kind of goods; third, using a similar trademark on similar goods. Use a trademark that is the same as someone else’s registered trademark; fourth, use a trademark that is similar to someone else’s registered trademark on similar goods. Such behavior, whether intentional or negligent, will cause confusion about the origin of the goods, causing consumers to misunderstand and purchase by mistake, thereby damaging the legitimate rights and interests of the trademark registrant and the interests of consumers. Therefore, it is a typical Trademark Infringement. Trademark registrants have the right to prevent such illegal use, and the law must also explicitly prohibit such infringement of the exclusive rights of registered trademarks, and hold offenders accountable in accordance with the law.

2. The act of selling goods that infringe the exclusive rights of registered trademarks. This is a kind of trademark infringement in the circulation of goods. Usually, goods that infringe the exclusive rights of registered trademarks, in addition to being sold by the producers themselves, often have to go through the sales activities of others to reach consumers. Sellers like this, like producers of goods that infringe the exclusive rights of registered trademarks, play the role of confusing the origin of goods, infringing the exclusive rights of registered trademarks, and harming the interests of consumers. Therefore, such sales should also be considered as an infringement of the exclusive rights of registered trademarks, and should also be treated as trademark infringements, and they should bear corresponding legal liabilities. It should be noted that producers of goods that infringe the exclusive rights of a registered trademark generally do so intentionally, but sellers of goods that infringe the exclusive rights of a registered trademark may or may not do so intentionally. Therefore, Paragraph 3 of Article 56 of this Law clearly stipulates that those who sell goods that do not know to infringe the exclusive rights of registered trademarks and can prove that they obtained the goods legally and indicate the supplier will not be liable for compensation.

It can be seen from this that if you sell goods that you do not know are infringing the exclusive rights of a registered trademark, and you can prove that you have obtained the goods legally and indicate the supplier, you cannot be held legally responsible for trademark infringement, and therefore you should not be liable for compensation. responsibility.

3. The act of counterfeiting or making without authorization the registered trademark signs of others or selling the counterfeit or making without authorization the registered trademark signs. The so-called "counterfeiting" refers to imitating the pattern and material entity of another person's registered trademark to create a trademark logo that is the same as the registered trademark without the permission of others; the so-called "unauthorized production" mainly refers to printing the trademark without the permission of others. In addition to the number of prints stipulated in the contract, the act of printing trademark logos without permission. Counterfeiting and unauthorized manufacturing have the same characteristic, that is, they are both actions without the permission of the trademark registrant. The difference between counterfeiting and unauthorized manufacturing is that the trademark logo itself is fake in the former, while the trademark logo itself is genuine in the latter. The act of selling counterfeit or unauthorized registered trademarks refers to the sale and purchase of such trademarks, including wholesale and retail, including internal sales and sales in the market. Trademark logo is an important form of trademark use. The purpose of counterfeiting or unauthorized manufacturing of other people's registered trademarks is to use them on the same or similar goods for oneself or for others to use for their production or sale, so as to pass off the fake as genuine or inferior; and the sale of counterfeit, The act of creating a registered trademark without authorization is for the purpose of obtaining illegal profits. Since this type of behavior disrupts the market economic order, infringes upon the exclusive rights of trademark registrants, and harms the interests of consumers, the consequences are serious and the harm is extremely harmful. Therefore, effective measures must be taken to crack down hard and the offenders shall be prosecuted in accordance with the law. responsibility.

4. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back into the market. This is a newly added provision in this revision of the Trademark Law. Some foreign legislation calls it "reverse counterfeiting" and prohibits and sanctions it. The so-called "reverse counterfeiting" refers to the act of removing the trademarks legally affixed to goods by others during product sales activities, replacing them with one's own trademarks, and selling them as one's own goods. In the process of my country's transition to a market economy, there has been a phenomenon of people removing the registered trademark used on goods without the consent of the trademark registrant, replacing them with their own trademarks and then putting them on the market. This kind of behavior violates the consumer's right to know, causing consumers to misunderstand the source of goods, producers, and providers. It also hinders the effective use of registered trademarks and the trademark registrant's efforts to create famous brands for their goods. Therefore, it should be regarded as an infringement of the exclusive right to use a registered trademark. In order to facilitate the healthy development of the socialist market economy and protect the exclusive rights of trademark registrants, it is necessary to explicitly add prohibitive provisions on such infringements to this law.

5. Acts that cause other damage to the exclusive right to use registered trademarks of others. This is a general provision. Behaviors that cause other damage to the exclusive right to use a registered trademark of others mainly refer to other behaviors that damage the exclusive right to use a registered trademark of others other than the first four items of this article. For example, the corporate logo or its main part constitutes Copying, imitating, translating or transliterating a well-known trademark may imply a certain connection between the enterprise using the corporate logo and the well-known trademark registrant, which may cause the interests of the well-known trademark registrant to be harmed, or may be unfairly used or weakened The distinctive features of the well-known trademark; the domain name or the main part of the domain name constitutes a copy, imitation, translation or transliteration of the well-known trademark, and the domain name is registered or used in bad faith; the same or similar goods will be registered with others The use of words and graphics that are identical or similar to the trademark as product names or product decorations is sufficient to cause misunderstanding; acts that intentionally provide convenient conditions for warehousing, transportation, mailing, concealment, etc. to infringe on the exclusive rights of others to register trademarks, etc. Although the above-mentioned behaviors have various forms of expression, they will all cause damage to the exclusive rights of registered trademarks. Therefore, they are also acts of infringement of the exclusive rights of registered trademarks. Offenders should bear corresponding legal responsibilities according to law.

Legal basis:

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

Article 57 Anyone who commits any of the following acts shall be considered an infringement Exclusive right to register a trademark:

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant; Without the registrant's permission, the use of a trademark that is similar to its registered trademark on the same kind of goods, or the use of a trademark that is the same or similar to its registered trademark on similar goods, is likely to cause confusion;

(3) Sales infringement Products with exclusive rights to registered trademarks;

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

(5) Counterfeiting or manufacturing registered trademarks without authorization; The trademark registrant agrees to replace its registered trademark and put the goods with the changed trademark back into the market;

(6) Deliberately providing facilities for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks Behavior;

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