Brother Fa

Is OEM sales legal?

Lawyer Chen Youlian

13 years of practice丨Tianjin Dongfang (Guangzhou) Law Firm

Specializes in: contract disputes, economic disputes

Consulting

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 "People's Republic of China and

Civil Code".

1. Is it illegal to sell OEM products?

Whether it is illegal to sell OEM products depends on the circumstances. If the perpetrator obtains the permission of the trademark owner and pays the usage fee, it is not illegal; if the perpetrator uses the trademark to make profits without permission, it is illegal. Without the permission of the trademark registrant, use a trademark that is the same as its registered trademark on the same kind of goods; without the permission of the trademark registrant, use a trademark that is similar to its registered trademark on the same kind of goods, or use it on similar goods. Trademarks with identical or similar registered trademarks that are likely to cause confusion; selling goods that infringe the exclusive rights of registered trademarks; forging or unauthorized manufacturing of other people’s registered trademarks or selling forged or unauthorized registered trademarks