Research On The Trademark Infringement Issue Of OEM

Whether the issue of Original Equipment Manufacture trademark infringement is a blank point stipulated by law,and it's still inconclusive and controversial.Judicial practice has similar cases,but the judgment results are very different,or the referee results are the same,but the referee logic is different;the academic circles are also different opinions.The reason lies in application of trademark identification function?the connotation of the trademark use?the status of trademark use in trademark infringement?define the likelihood of confusion?the status of confusion in trademark infringement?the principle of trademark infringement and other basic understanding of trademark law.In order to provide a reasonable identification path for trademark infringement of Original Equipment Manufacture,the focus of the dispute on the qualitative processing of Original Equipment Manufacture is taken as the key point,from the nature and function of the trademark,the connotation and difference of "trademark use" in different systems of trademark law are explained.It defines the likelihood of confusion,analyzes the inherent relationship between trademark recognition function,trademark use and likelihood of confusion.It discusses the status of trademark use and likelihood of confusion in trademark infringement from three aspects: norm,theory and practice.The different infringement clauses are clearly applied,and the constituent elements are slightly different: the application of Article 57(1)of the Trademark Law only needs to meet the requirements of “Unlicensed + Use of a mark”;the application of Article 57(Item 2)must meet the requirements of “Unlicensed + Use of a mark + Similarity + Likelihood of confusion”.In terms of Original Equipment Manufacture,if the same or similar goods was attached with the same or similar trademark,Then this is "use of mark".if the same trademark is used on the same commodity,it is directly recognized as trademark infringement under Article 57(1)of the Trademark Law.If an approximate trademark is used on the same commodity,or the same trademark is used on a similar commodity,or an approximate trademark is used on a similar commodity:according to the specific situation,judge whether likelihood of confusion or not,and then determine whether it it is “immiment infringement”?whether it constitutes trademark infringement.In addition,if all likelihood of confusion areexcluded,this means that the branded processed products are all exported,if the ordering party has a resale behavior,and the processing party knows that the party will implement the act and provides convenient conditions,processor behaviour constitutes contributory infringement.