Research On Trademark Use In The Determination Of Trademark Infringement For Foreign-related OEM Processing

In recent years,foreign-related trademark infringement cases of Original Equipment Manufacture occur frequently.The judicial organs have different standards and judgment ideas for such cases.There are also disputes in the theoretical and practical realm about the determination of such cases.One of the focuses of dispute is whether the behavior of the entrusted enterprise belongs to the use of the trademark,which is used as the judgment factor of trademark infringement.In this regard,the paper tries to put forward her own point of view and provide suggestions for the settlement of disputes from the analysis of relevant concepts,the interpretation of domestic and foreign legal provisions,and the summary of foreign trademark infringement cases.This paper is divided into four chapters.The first chapter,starting from the definition,characteristics and legal nature of foreign-related OEM,clarifies the characteristics of trademark infringement cases,the causes of disputes and puts forward the related disputes under this trade mode,such as whether the "possibility of confusion" should become the judgment standard of trademark infringement,whether the establishment of infringement is based on damage,and whether the occurrence is a necessary condition and whether the entrusted enterprise has a reasonable duty of care.The second chapter focuses on the use of trademark and make a qualitative analysis.In addition to the direct definition of article 48 of the trademark law,it also systematically summarizes the use of trademarks according to the relevant provisions of other chapters.Meanwhile,this chapter analyze the relevant provisions in Chinese trademark about the use of trademarks,and puts forward the focus of disputes on the use of trademarks in foreign-related trademark infringement disputes,such as the status of trademark use in the determination of infringement,whether it is a prerequisite for the determination,whether the attachment behavior of the entrusted enterprise belongs to the use of trademarks,and the determination of trademark use and the determination of infringement cases.There are conflicts in the judgment results.The third chapter mainly combs and analyzes the relevant cases of foreign-related licensing processing,and summarizes the judgment reasons and identification standards of judicial organs.The fourth chapter puts forward her own views on the dispute focus of the use of trademark.And for the trial of trademark infringement cases of foreign-related OEM to provide the general idea.