Research On Infringement Of Trademark Rights In Foreign-related Original Equipment Manufacturing

China’s processing industry has developed rapidly since the reform and opening up,and has once become a "super processing country" in the world.Many well-known brands in the world have set up processing plants or production bases in China.In recent years,whether the act of "labeling" infringes the trademark right is constantly disputed.In practice,this kind of dispute often goes through multi-level litigation,and the result of judgment is very different.In the absence of clear provisions of the law,the early judgment of trademark ownership disputes inside and outside the territory on the basis of region,and the production and"licensing" export of entrusted enterprises in China according to the requirements of foreign clients is an infringement.With the expansion of processing industry in China,this kind of entrusted processing and attaching trademark is gradually considered to be "non-brand use"and does not constitute trademark infringement.There is a dispute about the concept and behavior of "trademark use ".Whether the process of processing and labeling to overseas and not selling in our country constitutes" trademark use "and whether the related public can constitute confusion and so on.This paper will analyze the judgment standard of trademark infringement by the court in typical cases,and find that the infringement of OEM needs to be analyzed as a whole in order to avoid falling into one-sided understanding.Whether the infringement of OEM is not a single trademark use or reasonable duty of attention or determined.Single judgment standard determines that infringement or non-infringement of OEM will be controversial,and will lead to difficulties in the application of trademark law.From "the confusion of trademark use and the substantive damage of reasonable duty of attention",it is more comprehensive to determine whether the OEM constitutes trademark infringement,and will not be caught in litigation because of different standards.According to the law of our country,the commercial interests should not be considered too much,and the characterization of "trademark use" should conform to the law and belong to "trademark use".The judiciary should establish a set of judgment mechanism under the legal framework and clarify the relevant public cognitive standards to accurately identify violations.