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Trademark Infringement Disputes Arising From Garment OEM Processing Can Not Be Ignored.

2011/7/4 16:55:00 69

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Trademark Infringement In Garment OEM Processing

With the globalization of economy and the establishment of China's "world factory" status, more and more enterprises in China are engaged in licensed processing and related export businesses.

However, due to the lack of intellectual property protection awareness and infringement risk awareness, these enterprises are easy to produce and export.

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A large number of trademark infringement disputes arising from the trade of goods and OEM have become a problem that can not be ignored.

Nowadays, the volume of trademark registration is very large. It is very difficult for most small and medium-sized enterprises to accurately check the status of registered trademarks in China's trademark registration and customs filing.

Most enterprises begin to produce products after examining the holders' certificates of relevant intellectual property rights, and often encounter problems when they export customs.

Such events have baffled many licensed processing enterprises: the trademark rights of foreign clients in their own countries are real and lawful, and they have fulfilled their corresponding duty of examination. The processing agreements signed by both sides are real and effective. If they are identified as infringing, OEM enterprises will also be liable for breach of contract.

In order to avoid the infringement of intellectual property rights of licensed processing enterprises and prevent trademark infringement caused by licensed processing, legal experts suggest that the processing enterprises should pay attention to the following points in the use of licensed trademarks.

First, we should carefully examine the entrustment card.

Processed products

Proof of trademark rights.

When examining the certification of trademark rights, we should focus on examining whether the client has the right to use the trademark at the final place of arrival, and examine whether the power and authorization of the client is protected by Chinese law when the trademark is registered in China and still valid.

Under normal circumstances, the client should be required to provide relevant information about his trademark and brand status. If he is a registered trademark of another person, he must provide legal documents such as permission to use the trademark.

In order to avoid involvement in trademark infringement disputes, it is necessary to strictly examine whether it is legal before signing a processing contract with the client.

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The owner, whether the client has the trademark right at the final place of arrival and whether the authorized processing brand is exactly the same as the registered brand, should also have a similar trademark registered in the country and whether the trademark is registered in China.

Second, we should pay attention to signing written contracts.

The contract is an effective evidence for determining the rights and obligations of both parties. However, most of the licensed processing enterprises only have oral agreement, and do not sign even the simplest contract, let alone explicit contracts.

Therefore, in order to avoid trademark infringement disputes, it is necessary to sign a written processing contract. The following terms should be stipulated in the contract: the name, domicile, contract number and quality of the contract, the origin and quantity of the raw materials, the quality requirement, the remuneration, the way of contract, the time limit, the place, the way of the contract, the method and standard of acceptance, the liability for breach of contract, etc.

In addition to the above provisions, the trademark right should be stipulated in detail. If the trademark provided by the client relates to the responsibility of the infringement, the maximum right to protect his rights and interests will not be infringed.