In OEM production, it is often necessary to attach the trademark required by the manufacturer to the product. Therefore, the use of other people's trademarks in the process of processing belongs to the scope of trademark license. Under this relationship, the orderer is the licensor and the OEM is the licensee. Licensing others to use a registered trademark is an important right of the trademark owner stipulated in the Trademark Law. As a licensor, it must be the owner or legal user of a registered trademark. However, in OEM production, trademark use behavior is different from trademark use license behavior:

(1) There are essential differences in charging methods: in the trademark licensing relationship, the licensee and the licensor are trademark rights.

For the benefit of borrowing, the licensor will charge the trademark use fee after lending part of the trademark use right to the licensee. OEM production and ordering

The parties have to pay the processing fee to the OEM, which generally does not involve trademark use fees.

(2) Different ways to deal with trademark rights: In the trademark licensing relationship, the trademark owner licenses the licensee to use the rights.

The beneficiary's right to use the trademark, the licensee can use the trademark on the goods manufactured or sold by himself, as well as on the goods and their accessories.

Trademark rights can be punished together. In OEM, OEM enterprises are only responsible for producing products according to the requirements of the ordering party, although the production

The product should be labeled with a trademark, but the trademark right belongs to the ordering party, and the processing party does not have the trademark right on the OEM product, nor does it have the trademark right.

Right of disposal.

(3) The filing procedure and the responsible subject are different: according to the third paragraph of Article 26 of the Trademark Law, trademarks are allowed to be used.

But the contract should be reported to the Trademark Office for the record. Therefore, filing in trademark licensing is a necessary procedure, and the licensee owns the products produced.

Have the right to independently bear legal responsibilities such as trademark infringement and product quality caused by products. There are also lines that use trademarks for OEM production.

There is no clear filing requirement in the Trademark Office. Although the ordering party does not directly produce products, it has stickers.

The right to dispose of brand products, and bear legal responsibilities such as trademark infringement and product quality.

For details, you can go to Baidu Luxury Trademark Manager for 24-hour free consultation.