What is the difference between OEM processing and trademark licensing?

Trademark licensing refers to the act of a trademark registrant allowing others to use its registered trademark through legal procedures. What is the difference between OEM processing and trademark licensing? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What is the difference between OEM processing and trademark licensing

"OEM processing" is a form of commissioned processing. a labor contract relationship.

The so-called "ordering party" is the entrusting party, usually They are domestic and foreign trademark registrants or trademark licensees engaged in foreign trade without their own production capacity; while the "processing party" 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 processing" contract, and there is no need to sign a special "Trademark License Contract".

"Trademark use 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 use within a certain period of time, thereby obtaining profits. In this legal relationship, the licensor must be the trademark owner, and the licensee can be a production enterprise or a trading 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, clearly stipulating Both parties have rights and obligations regarding the trademark in this legal relationship, 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 in accordance with regulations.

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