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

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 awareness of intellectual property protection and awareness of infringement risks, these enterprises are easy to produce and export infringing goods, and a large number of trademark infringement disputes arising from OEM trade 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, we should guard against the processing caused by licensed processing.

First of all, we should seriously examine the rights certificate of the trademark of the licensed processing product.

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, before signing a processing contract with the client, in addition to strictly examining whether it is a legitimate trademark 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, it also needs to find whether there is a similar trademark registration 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 contract for processing contracts. The following terms should be stipulated in the contract: the name and domicile of the parties to the contract, the quantity and quality of the subject matter, the subject matter and the source and quantity of the raw materials.