Research On The Infringement Of Foreign-related OEM Trademark

Due to the regional nature of trademark rights,there will be great differences in the judgment results of trademark infringement cases involving foreign OEM processing,which has lasted for many years.The core of solving such cases lies in the two major problems of “trademark use” and “possibility of confusion”.First of all,from the perspective of trademark infringement of foreign OEM processing,“trademark use”should be regarded as the prerequisite of trademark infringement identification,and the general foreign OEM processing behavior constitutes “trademark use”.If the defendant’s behavior fails to meet the basic requirements of “trademark use”,infringement can be ruled out;secondly,in the identification of “possibility of confusion”,confusion theory should be fully applied,and the interpretation of relevant public should not break through regional,but should be based on domestic consumers.From the actual situation of the case,it is more in line with the current law to determine that the tendency does not constitute trademark infringement.From the current judicial judgment,for well-known trademark,OEM processing behavior is easy to be identified,which leads to confusion of relevant public in China,and then determines that it constitutes infringement,while for non well-known trademark,it tends to be identified as not constituting infringement.This judgment result reflects the concept of concurrent protection of domestic trademark owners and domestic OEM processing enterprises.