OEM solution

To solve the problem of trademark infringement in the process of trademark fixation, we should start from the following aspects:

Improve legal norms

Improve trademark laws and regulations through legislation. First, the client will provide legal and effective trademark registration documents to the contractor during the licensing process, and the contractor will take the review of relevant trademark registration documents as a legal obligation and determine it in the form of legal provisions. In the processing business, where a registered trademark is involved, the entrusting party must submit a valid trademark registration certificate to the processing party together with the processing business. When undertaking processing business, the processing party must strictly examine the trademark registration certificate and other related materials provided by the entrusting party, and there are clear terms in the processing contract. After the processing business is completed, the contractor shall file the above materials for future reference. Second, the law gives the trademark supervision and administration department the right to require the undertaker to provide legal and effective trademark registration documents within a time limit when investigating trademark infringement in the process of brand-fixing processing. If it is not provided within the time limit, it may be deemed as trademark infringement or counterfeiting of a registered trademark. On the one hand, it urges the undertaker to take the initiative to obtain and review the trademark registration certificate according to law to prevent the occurrence of infringement, on the other hand, it is also conducive to the administrative department for industry and commerce to identify and investigate the trademark infringement in the process of licensing in time.

Intensify the popularization of law

We should continue to increase the publicity of the trademark law. Through publicity, we should not only let producers and operators know that there is such a law, but also let them know what the rights and obligations stipulated by the law are, what is prohibited, and what kind of sanctions will be imposed if it constitutes an illegal act. Because the overall quality of producers and operators in China is not very high, the publication of a single announcement, several slogans and several books and periodicals is far from achieving the purpose of publicity and education. It is necessary to organize training courses, lectures, knowledge contests, etc., and use TV, newspapers, books and periodicals, picture books, desk calendars, cartoons, cartoons and other forms to carry out publicity and education, so that they can truly understand the trademark law. At the same time, producers and operators are encouraged to provide legal consulting services for themselves by hiring legal consultants to ensure the legalization of their own operations.

Management of trademark owners

The owner of a registered trademark shall strengthen the management, use and protection of its registered trademark and establish and improve the trademark management system. Trademark design, application, registration, printing, storage, distribution, use, alteration, transfer, licensing, trading, export, processing contracting, advertising, exhibition, etc. should be strictly managed, and enterprise leaders should personally grasp and make decisions. At the same time, depending on the workload, arrange special personnel or part-time personnel to manage trademark work. Require employees to establish the concept of maintaining trademark reputation, mobilize employees to pay close attention to trademark infringement information in their daily lives and work, and form an atmosphere in which everyone protects the exclusive right to use registered trademarks of their own enterprises.

Establish a complete protection system

Establish an all-round and all-round network system that combines self-protection of enterprises, administrative protection of industrial and commercial administrative organs, judicial protection of people's courts and social protection of consumers. Enterprises should establish special anti-counterfeiting protection institutions and

Send the main information and related materials such as enterprise trademark use license, registered processing enterprise directory and address to the provincial, prefecture (city) and county administrative departments for industry and commerce and consumer groups in the national product market or where infringement may occur, so as to grasp the dynamic information of enterprise trademark use in time and facilitate the timely discovery and investigation of trademark infringement and counterfeiting of registered trademarks.

Improve the level of industrial and commercial cadres

It is necessary to improve the quality and hardware facilities of cadres in industrial and commercial administrative organs, and cultivate and bring up a group of comprehensive talents with knowledge and ability. It is necessary to ensure that the administrative department for industry and commerce has sufficient funds to investigate and deal with trademark infringement during brand-fixing processing, and at the same time, it is equipped with modern transportation and communication facilities to establish a powerful and comprehensive trademark information network system. Only in this way can we form a joint force to investigate and deal with all kinds of difficult trademark infringement cases in the process of licensing.

Strengthen supervision.

Establish a patrol system and a liaison system, and strengthen the supervision of the administrative department for industry and commerce on trademark infringement in brand-fixing processing. The industrial and commercial office shall determine some reputable and law-abiding enterprises as the contact points of liaison officers within its jurisdiction, and the liaison officers shall conduct monthly inspections and set up inspection teams to conduct bimonthly inspections on non-contact enterprises. The enterprises inspected by the inspection team and the enterprises contacted by the liaison officers do not cross each other. Inspection teams and liaison officers make use of the comprehensive functions of the administrative department for industry and commerce to supervise the big market and administrative law enforcement, regularly inspect enterprises, and submit trademark infringement cases found in the inspection to centralized business lines for processing.

Internal supervision of industrial and commercial departments

Strengthen the internal supervision mechanism of the administrative department for industry and commerce, establish the handling rules of "one case to the end", and stipulate the time limit for closing the case according to the difficulty of the case. Those who give up halfway or fail to investigate and deal with it according to law shall be given corresponding administrative sanctions. Establish a cooperative network in the national industrial and commercial administration system, clarify responsibilities, and implement a responsibility traceability system.