Is it illegal to process labeling plaster on behalf of others?

OEM production, the two sides signed an agreement, OEM production, which is legal. OEM refers to the production of products and accessories by one manufacturer according to the requirements of another manufacturer. Also called OEM or authorized OEM. It can represent outsourcing or subcontracting. Commonly known as generation processing. OEM means that the merchants do not produce by themselves, but entrust other production enterprises to produce, and the brand is their own. Or in other words, the brand or trademark of the plaster belongs to others. After being authorized by the other party, it only helps its processing and production, but the owners of various rights and interests such as trademarks still belong to the other party.

Entrust OEM enterprises to be responsible for R&D, design and market development. The advantage of this method is that dealers can work out the most suitable marketing plan according to their actual situation. When there are problems or changes in the plan or market, they can adjust the plan as quickly as possible and formulate countermeasures. At the same time, the profit space can be mastered by itself, which avoids many troubles such as different opinions of manufacturers, and calmly responds with the fastest response and the highest efficiency in complex and changeable business wars, while manufacturers can make full use of their own resources, thus achieving the purpose of improving efficiency. Only in this way can we truly complement each other and achieve a win-win situation.

Infringement of the exclusive right to use a registered trademark, also known as trademark infringement, refers to all acts that damage the rights and interests of others' registered trademarks. Judging whether an act constitutes an infringement of the exclusive right to use a registered trademark mainly depends on whether it has four elements: first, the objective existence of damage facts; The second is the illegality of the behavior; Third, the fact of damage is caused by illegal acts; The fourth is the intention or negligence of the behavior. When the above four requirements are met at the same time, it constitutes trademark infringement.

Infringement of the exclusive right to use a registered trademark mainly includes the following categories:

1. The act of using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant. This is the most obvious and common trademark infringement in judicial practice. Without the permission of the trademark registrant, it refers to the act of using a trademark identical with or similar to its registered trademark on the same or similar goods without going through the licensing procedures in accordance with the provisions of Article 40 of this Law. Its concrete manifestations are as follows: first, using the same trademark as the registered trademark of others on the same commodity; The second is to use a trademark similar to the registered trademark of others on the same commodity; The third is to use the same trademark as the registered trademark of others on similar goods; The fourth is to use trademarks similar to others' registered trademarks on similar goods. This kind of behavior, whether intentional or negligent, will lead to the confusion of the source of goods, make consumers mistake and buy goods by mistake, thus damaging the legitimate rights and interests of trademark registrants and consumers, so it is a typical trademark infringement. Trademark registrants have the right to stop this illegal use, and the law must explicitly prohibit this infringement of the exclusive right to use a registered trademark, and investigate the legal responsibility of the offenders according to law.

2. Selling goods that infringe the exclusive right to use a registered trademark. This is a trademark infringement in commodity circulation. Usually, goods that infringe the exclusive right to use a registered trademark can only reach consumers through the sales activities of others unless they are sold by the producers themselves. Sellers like this, like producers of goods that infringe on the exclusive right to use registered trademarks, have played a role in confusing the source of goods, infringing on the exclusive right to use registered trademarks and harming the interests of consumers. Therefore, such sales should also be regarded as infringement of the exclusive right to use a registered trademark, and should also be treated as trademark infringement, so that it can bear corresponding legal responsibilities. It should be noted that the producers of goods infringing on the exclusive right to use a registered trademark are generally intentional, but the sellers of goods infringing on the exclusive right to use a registered trademark may or may not be intentional. Therefore, the third paragraph of Article 56 of this Law clearly stipulates that if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain it to the supplier, and you will not be liable for compensation. It can be seen that the sale of goods that are unaware of the infringement of the exclusive right to use a registered trademark can prove that the goods are legally obtained by itself and explain to the supplier, so it cannot be investigated for legal responsibility according to trademark infringement, so it should not be liable for compensation.

3. The act of forging or making a registered trademark logo of others without authorization or selling a forged or made registered trademark logo without authorization. The so-called "forgery" refers to imitating the patterns and objects of other people's registered trademarks without permission, and making the same trademark logo as the registered trademark logo; The so-called "unauthorized manufacturing" mainly refers to the act of printing a trademark logo without the permission of others beyond the number of prints agreed in the trademark printing contract. Forging and unauthorized manufacturing have a common feature, that is, they are both acts without the permission of the trademark registrant. The difference is that the former's trademark itself is false, while the latter's trademark itself is true. The act of selling forged or unauthorized registered trademarks refers to the act of buying and selling such trademarks, including both wholesale and retail, both internal sales and market sales. Trademark identification is an important form of trademark use. The purpose of forging or making others' registered trademarks without authorization is to use them on the same or similar goods produced and sold by themselves or others, so as to pass the fake off as the real and pass the inferior as the good; The purpose of selling forged or unauthorized registered trademarks is to obtain illegal benefits. Because this kind of behavior disturbs the market economic order, infringes on the exclusive right of trademark registrants, and harms the interests of consumers, with serious consequences and great harm. Therefore, effective measures must be taken to crack down severely and investigate the legal responsibility of offenders according to law.

4, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again. This is a new provision in the revision of the Trademark Law. Some foreign legislative cases call it "reverse counterfeiting" and prohibit and sanction it. The so-called "reverse counterfeiting" refers to the act of removing the trademark legally attached to the goods by others, replacing it with one's own trademark and selling it as one's own goods. In the process of China's transition to a market economy, there has been a phenomenon that the registered trademarks used in commodities have been removed and put into the market for sale without the consent of the trademark registrant. This kind of behavior violates consumers' right to know, makes consumers misunderstand the source, producers and suppliers of goods, and also hinders the effective role of registered trademarks and the efforts of trademark registrants to strive for famous brands. Therefore, it should be recognized as an act of infringement of the exclusive right to use a registered trademark. In order to benefit the healthy development of the socialist market economy and protect the exclusive right of trademark registrants, it is necessary to explicitly increase the prohibition of such infringement in this law.

5. Acts that cause other damage to the exclusive right to use a registered trademark of others. This is a general rule. Acts that cause other damage to the exclusive right to use a registered trademark of others mainly refer to other acts that damage the exclusive right to use a registered trademark of others except the first four items of this article. For example, the corporate logo or its main parts constitute a copy, imitation, translation or transliteration of a well-known trademark, which may imply that there is some connection between the enterprise using the corporate logo and the well-known trademark registrant, which may harm the interests of the well-known trademark registrant, or improperly use or weaken the distinctive features of the well-known trademark. The domain name or the main part of the domain name constitutes a copy, imitation, translation or transliteration of a well-known trademark, and the domain name is maliciously registered or used; On the same or similar goods, the use of words or graphics identical or similar to others' registered trademarks as the name or decoration of the goods is enough to cause misunderstanding; Deliberately providing convenient conditions such as warehousing, transportation, mailing, concealment, etc., due to infringement of the exclusive right to use a registered trademark of others. Although these acts have various forms of expression, they will all cause damage to the exclusive right to use a registered trademark, so they also belong to violations of the exclusive right to use a registered trademark, and offenders should bear corresponding legal responsibilities according to law.

Legal basis:

the trademark law of the people's republic of china

Article 57 Any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;

(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(seven) causing other damage to the exclusive right to use a registered trademark of others.