Research On The Infringement Standards Of My Country’s Foreign-related Oem Trademarks

In our country,there are great disputes on the application of standards such as trademark use,confusion possibility and subjective review duty of care,resulting in the result of "different judgment in the same case".Therefore,it is urgent to form a clear and unified standard for the identification of trademark infringement in foreign branded processing.This paper is divided into four parts.The first part explains the basic concepts related to trademark infringement in foreign-related licensing processing to understand the content of trademark infringement in foreign-related licensing processing.In the second part,the trademark infringement cases of foreign licensing processing in the past ten years are sorted out,and the differences in the application of standards in the trademark infringement trial of foreign licensing processing are analyzed.The third part analyzes the application conditions,models,theories and factors of each objective determination criterion theoretically,and makes an objective evaluation of the subjective review duty of care + material damage model.In the fourth part,a series of perfect ideas are put forward in light of existing differences and some extraterritorial legal provisions:that is,trademark use and possibility of confusion are used to identify trademark infringement,the prerequisite status of trademark use to identify trademark infringement is affirmed,and the act of attaching labels is clearly defined as trademark use.Then,it discusses the standard model of possibility of confusion and advocates expanding the scope of understanding related public to improve the application of objective identification standard of trademark infringement.In view of the subjective review duty of care,trademark infringement is recognized without combining with the material damage mode,and the subjective review duty of care is applied to the domestic processing party when it conducts disclaimer defense,so as to establish the subjective review duty of care recognition tort disclaimer compensation mechanism,in order to achieve the goal of the judicial organ to uniformly apply the recognition standard for foreign-branded processing trademark infringement.