OEM processing refers to the behavior in which the entrusting party provides the trademark style or trademark logo, and puts forward product specifications and quality requirements, and the contractor processes the products according to the requirements. With the specialization of industrial production and the development of foreign trade, the OEM processing business has become increasingly active, and the number of trademark infringements has gradually increased.

There are various forms of trademark infringement in OEM processing, but they mainly include the following types:

1. In OEM processing, the contractor will use the excess part of the processing quantity or due to quality reasons. The unqualified parts returned by the entrusted party are sold without the permission of the entrusting party. This phenomenon is common. The contractor often thinks that since the client does not accept this part of the product, it will sell this part of the product out of consideration for corporate benefits, resulting in trademark infringement. For example: Fenghua Huada Security Equipment Factory processed special locks for "Yongfa" brand safes for Ningbo Beilun Yongfa Safe (Group) Co., Ltd., but they were returned due to quality problems. Fenghua Huada Security Equipment Factory processed them without permission from Ningbo Beilun Yongfa (Group) Co., Ltd.’s permission to sell this batch of returns to a third party without authorization.

2. In the custom-made processing business, the contractor entrusts the contractor to mark the registered trademark of others on the customized products through one or more layers of resale processing without obtaining the permission of the client in accordance with the law. logo. Once an enterprise in a certain link except the top level is seized by the industrial and commercial department, the OEM processing agreement of the upper level will be used to cover up its illegal activities and deliberately create the illusion of legality. For example: the "Montageau" and "Crocodile" shirts processed by Fenghua No. 6 Shirt Factory are entrusted by Hangzhou Emperor Fashion Co., Ltd., which in turn is entrusted by Taiwan Shengtu Clothing Co., Ltd., Shengtu Clothing Co., Ltd. Entrusted by Taiwan Yasen Enterprise Co., Ltd., these companies were unable to provide legal trademark registration documents or license contracts. This form of entrusted processing is used to create the illusion of legality and carry out trademark infringement or counterfeit registered trademark activities.

3. Trademark infringement in the form of foreign trade exports. Some companies use foreign trade lists as a cover to process and produce international and domestic famous brand products. Since it involves foreign trade business, it is difficult and necessary to find out whether the foreign businessman is the registrant or legal user of the trademark and whether the foreign trade business actually exists. For a long period of time, it is difficult for the industrial and commercial authorities to stop this behavior without conclusive evidence, and illegal actors will use this time lag to carry out trademark infringement activities. For example: Ningbo Fengda Garment Co., Ltd. was entrusted by Li Guobiao, a salesperson of the Ningbo Branch of Xiangshan Foreign Trade Company, to produce a batch of "crocodile" brand shirts. The party concerned had already woven and printed the trademark logo and clothing tags, but later Li Guobiao did not provide the foreign trade list. And suspend this processing business.