Study On Trademark Infringement In Foreign-related Original Equipment Manufacturing

In this paper,the object of study for foreign brand processing,calm brand processing industry in our country concerning foreign affairs dozens years of development,our country has formed a comprehensive and high efficiency industrial advantage,become the "world factory".However,there are some problems in the development of the foreign-related processing industry.One of them is the risk of infringement of the registered trademark right in the processing and labeling of Chinese enterprises.This issue is inconclusive in our country’s law,and various courts have different attitudes towards this issue.In this paper,the focus of the dispute of trademark infringement in the processing of foreign-related fixed brand,namely,the use of trademark,the possibility of confusion,and the obligation of reasonable attention,are analyzed in this paper.Calm brand processing trademark infringement disputes concerning foreign affairs is one of the core issues of the"trademark use",the basic function of the trademark is to identify the similar products from different sources,identify including "preliminary identification" and "form of identification.Foreign-related calm brand processing behavior both meet the constitutive requirements of behavior on the use of trademarks,the trademark for goods itself,the packing of the goods or use the form on the container,the use of the trademark is used on commodities,commodity packaging or containers,also meet the requirements of the inner essence,has realized the recognition,so the behavior is the sense of the trademark use of the trademark law.In addition,it is clear that the nature of foreign-related contract processing contract is processing contract and authorization contract,but this does not affect the identification of trademark use.It is necessary to consider the market factors and analyze the regional principle of trademark.Trademarks in different,different,use in different products,generally do not have the possibility of confusion.Under the background of globalization of trade,overseas sales behavior can also cause confusion among Chinese consumers.In judicial practice,the role of reasonable care obligation in the infringement of foreign-related trademark trademark is unclear.In this paper,it is considered that the duty of reasonable care can only be used as a defense against the infringement of trademark infringement in the processing of OEM trademark infringement,and cannot be used as a non-infringement defense.