Foreign-related Original Equipment Manufacturing(OEM)is neither an accused trademark infringement act nor an independent type of trademark infringement.The commercial mode of OEM constitutes the commercial scene of trademark sign usage and the alleged infringement.However,the judgment of trademark infringement should still be based on the legal requirements of trademark infringement and be categorized accordingly:the goods manufactured and processed within the territory of China for export,affixing trademark signs that are identical with or similar to the registered trademarks of others on the same or similar goods.Whether such acts occur in the context of foreign-related OEM or other commercial scenarios does not affect the legal judgment of the act itself.Distorted and irrelevant factors should be eliminated,returning to the essence of trademark infringement judgment.The determination of trademark infringement in foreign-related OEM shall be based on the territorial scope of trademark right,the core of judgment is whether the trademark use is constituted,and"used to identify the source of goods"within the territory of China is used as the judgment standard for trademark use,so as to make a proper judgment on the issue of trademark infringement.
foreign-related OEMtrademark infringementlegal standardspolicy standardstrademark use
万方数据
维普
