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Are OEM products illegal?

1. Positive answer

OEM production is illegal. Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant. All are infringements of registered trademark rights. The original meaning of OEM is the so-called OEM. The customer places an order for the manufacturer to produce it, and then the manufacturer's brand is affixed to it, which is the manufacturer's product.

2. Analysis

Sell counterfeit goods that infringe the exclusive rights of registered trademarks, create other people’s registered trademarks without authorization or sell counterfeit goods. If a registered trademark sign is manufactured without authorization, or if the registered trademark is replaced without the consent of the trademark registrant and the goods with the replaced trademark are put into the market, other damages will be caused to the exclusive right of others to use the registered trademark.

3. Are OEM products suspected of fraud?

Generally, the entrusting party is the trademark owner, so it should ensure the legality of the source or authorization of the trademark, otherwise it is an infringement. . The entrusted party is a processing party and has a certain reasonable duty of care for trademark source authorization. If it fails to perform its reasonable duty of care, it is a party that assists the infringement.