OEM and the concept of ‘reasonable use’ of a trademark

OEM and the concept of ‘reasonable use’ of a trademark

Recent civil decisions involving OEM and trademarkinfringement have led some to speculate that China’scourts may have departed from their earlier positionthat OEM of branded goods does not constitutetrademark ‘use’. However, a review of the recent cases,together with the Trademark Law and guidance fromthe Supreme People’s Court, would suggest otherwise

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