| In the background of the deepening of economic globalization,the foreign OEM processing trade model can be described as a more important part of China’s foreign trade model.With the continuous development of foreign OEM processing trade,the problem of trademark infringement also arises.Since there is no systematic regulation on trademark infringement in foreign-related OEM processing,and in judicial practice,the judiciary has a wavering attitude towards trademark infringement in foreign-related OEM processing,there is no unified standard for adjudication.This is a great challenge for the determination of trademark infringement in foreign OEM processing.For domestic enterprises engaged in foreign OEM processing and overseas customized parties,they need a systematic and reasonable standard to safeguard their rights and interests,and for domestic registered trademark owners,they also hope that their intellectual property rights will be more accurately protected.Because of the territoriality of trademark rights,it is difficult to determine whether the trademark labeling behavior in foreign-labeling processing is infringing.In this regard,this article starts from the factors of determining the infringement of trademark in the foreign labeling process,takes the HONDA case as an example,and summarizes the above-mentioned issues by analyzing the definition of trademark use,the possibility of confusion,the duty of reasonable care and the territoriality of trademark,which are the different elements in determining the infringement of trademark in the foreign OEM process.By analyzing the different elements of adjudication in determining whether a trademark is infringing or not,a systematic standard of judgment is derived: The determination of foreign labeling trademark infringement should be based on the prerequisite of trademarked use,the necessary condition of likelihood of confusion,and the duty of reasonable care as other elements.Through this judgment standard,the domestic registered trademark right holder’s exclusive right to use the trademark in China can be reasonably and legally maintained,and the property losses arising from confusion of the trademark can be reduced,so as to safeguard the legitimate rights of the trademark right holder and reasonably deal with the trademark infringement under specific conditions,so as to create a good environment of intellectual property law. |
