Legal Attributes Of Foreign-related OEM Processing Of Attached Trademarks

In the judicial trial of our country,the court's attitude to the trial of foreign-related OEM processing cases presents the course of"Spiral development",which typically embodies the change of the identification of trademark use behavior from heavy form to heavy substance.According to the subject matter of the lawsuit,China's foreign OEM processing cases can be divided into trademark infringement cases and trademark authorization to ensure the administrative case.The key problem in the identification of foreign-related OEM processing cases lies in the determination of trademark use.Generally speaking,the legal attribute of trademark behavior attached to foreign OEM processing needs to be unified.Because of the lack of publicity and sales in the field of our country,the related consumer lacks the objective condition of contact with the trademark,and the attached trademark can not play the role of recognition,so it is not a trademark use.In the case of foreign-related OEM processing trademark infringement cases and foreign OEM processing trademark authorization right,the judgment of the trademark behavior attribute of OEM processing needs to be put into practice on the provisions of article 48th of the trademark law on the use of trademark,and ultimately should be based on the law,forming a uniform standard that does not constitute trademark use.