What are the differences between OEM processing and trademark licensing?

Trademark authorization, also known as trademark license, means that the trademark registrant authorizes others to use its registered trademark by signing a trademark use authorization contract. What is the difference between "OEM processing" and "trademark licensing"? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the differences between OEM processing and trademark licensing

"OEM processing" is a form of commissioned processing A kind of labor contract relationship that emerged. The so-called "original party" is the entrusting party, which is usually a domestic or foreign trademark registrant or trademark licensee who is engaged in foreign trade and has no production capacity;

The "processor" is a production enterprise that provides labor services to the client, which is equivalent to a production workshop of the client. In this legal relationship, the processing party only has the obligation to complete the production tasks stipulated in the contract (contract) in accordance with the requirements of the entrusting party, but has no right to sell these entrusted processed products in its own name.

Therefore, both parties only need to clarify the rights and obligations of both parties and the method of providing the trademark logo in the "OEM" contract, and there is no need to sign a special "Trademark Use License Contract". "Trademark license" is a licensing trade relationship in which the trademark owner licenses part of his trademark rights, that is, the right to use, to others for a certain period of time, thereby obtaining profits.

In this legal relationship, the licensor must is the trademark owner, the licensee can be a manufacturing enterprise orTrading enterprise. Trademark use license can be divided into general use license, exclusive use license and exclusive use license. The legal relationship between the two parties of the license is relatively complicated. Therefore, a formal "Trademark Use License Contract" must be signed in accordance with the law to clearly stipulate the obligations of both parties in this legal relationship. The rights and obligations owed to the trademark shall be recorded, and the signed "Trademark Use License Contract" shall be filed with the Trademark Office and filed with the local county-level industrial and commercial administration bureau for review in accordance with regulations.

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