Foreign Oem In Research, Trademark Infringement Issues

OEM is the English short form of Original Equipment Manufacturer, literally translated as original equipment manufacturers, commonly known as "OEM", "the licensing process" and so on. Foreign OEM, mainly referring to the people who have rights of trademark registration in the foreign (trademark) or the rights to use (it has its registered trademark rights), commissioned by the domestic enterprises OEM, all products sold abroad. In early days, OEM mainly engaged in the clothing industry, and later in the IT industry and home appliance industry. OEM's idea of division of labor and competition, as an internationally accepted mode of production and processing, it will play a more significant role in China's economic development. However, in recent years, foreign OEM respondent violations occurred frequently, its roots are in the "likelihood of confusion" in the status of trademark infringement. This paper analyzes the domestic and foreign trademark laws and regulations of the different provisions, combined cases, to try to resolve the problem in China. This paper consists of four chapters. Chapter one, an overview of trademark infringement of foreign OEM. This chapter is divided into two sections, introduced the concept of foreign OEM, characteristics, and the difference between related concepts and action; Foreign OEM's trademark infringement type.Chapter two, the plight of foreign OEM's real trademark. First section is the infringement, mainly from the customs statistics, highlighting the seriousness of trademark infringement; second section lists two typical cases, compared to highlight the different approaches in judicial practice; third section is the current theorists of foreign OEM summarize the different perspectives infringement, pointing out the key difference.Chapter three, trademark infringement confusion theory. First section introduces the concept of confusion and classification; second section through Europe and other developed countries and regions in judicial practices, analyzes the different considerations of the likelihood of confusion; third section goes through the United States and Europe in the different provisions of trademark legislation, highlighting the confusion in trademark infringement theoretical basis; fourth section analyzes the confusion theory of trademark infringement in the embodiment of the legislation and inadequate.Chapter four, conclusions and countermeasures of foreign OEM.First section, identification of foreign OEM, conclusions of trademark infringement; second section, mainly talks about two reasons of the foreign OEM for trademark infringement, the legislative level and enterprise level, and put forward corresponding countermeasures.