OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China, which is often branded “the factory of the world”, OEM is big business. However, from a trademark law point of view, OEM in China has been a legal grey zone, as it isn’t clear whether the mere affixation of a mark by a manufacturer, without any further use, constitutes trademark use in China.
Please see full publication below for more information.