Three groups of legal relations, you can determine the documents required for OEM production: the first group is the commissioning party and the Trademark Office, this group of relations, the commissioning party needs to apply for trademark rights under the Trademark Law, in order to obtain the appropriate documents; the second group is the commissioned party, that is, the specific processing of the product unit, the unit needs to have the qualification of the production, so that the production unit needs to go to market supervision and management to apply for administrative licensing documents; the third group of commissioning party and commissioned party need to sign a legally valid contract of commissioned processing The third group of OEM commissioned and commissioned parties, the two parties need to sign a legally valid commission for the processing contract.
Legal basis: "Chinese People's *** and the State Trademark Law"
Article 3 by the Trademark Office approved the registration of trademarks for registered trademarks, including commodity trademarks, service marks and collective marks, proof of trademarks; trademarks enjoy the right to exclusive use of trademarks by the trademark registrant, by the protection of the law.
The collective trademark referred to in this law, refers to the name of the group, association or other organization registered for use by the members of the organization in commercial activities, in order to indicate the user's membership in the organization.
The certification mark referred to in this Law means a mark controlled by an organization which has the ability to supervise certain goods or services, and used by units or individuals other than the organization for its goods or services, to certify the origin, raw materials, manufacturing method, quality or other specific qualities of the goods or services.
Collective trademarks, certification mark registration and management of special matters, by the State Council administrative department for industry and commerce.
Article 22 of the applicant for registration of a trademark shall fill in the commodity classification table according to the provisions of the use of the trademark class and trade names, and submit an application for registration.
The applicant for trademark registration may apply for registration of the same trademark for more than one class of goods through one application.
The application for registration of a trademark and other relevant documents can be filed in writing or by data message.
The Administrative License Law of the People's Republic of China
Article 39 If an administrative organ makes a decision on granting an administrative license and needs to issue an administrative license document, it shall issue to the applicant the following administrative license documents with the seal of the administrative organ: (1) a license, permit, or other permit; (2) a certificate of qualification, certificate of qualification, or other certificate of competency; (3) an approval document or a supporting document of the administrative organ. Administrative organs of the approval documents or certifying documents; (d) laws and regulations provide for other administrative licensing documents. Administrative organs to implement the inspection, testing, quarantine, you can test, testing, quarantine qualified equipment, facilities, products, articles labeled or stamped with inspection, testing, quarantine seal.
Article 40 of the administrative organs to make the decision to grant administrative licenses shall be made public, the public has the right to access.
The Chinese people's *** and national code, article 919? A contract of entrustment is a contract in which the principal and the trustee agree that the trustee shall handle the affairs of the principal.
Labeling production should first have a trademark, and after that find a production qualification of the enterprise, sign a contract entrusted to request production. Requirements for products with QS to the Technical Supervision Bureau for the record.
Independent production need to apply for: business license, organization code certificate, production license, health permit, product inspection report, trademark registration certificate, etc., if the commissioned processing production as long as they are legally registered enterprises can sign a commissioned processing agreement with the processing plant, for the commissioned processing procedures for the record, the product delivery and inspection procedures, product filing and so on can be. General Hygienic Standard for Food Production According to the "Chinese People's **** and the National Food Safety Law" and "National Food Safety Standards Management Measures", the National Food Safety Standards Review Committee review and adoption of the national food safety standards "General Hygienic Standard for Food Production" (GB14881-2013) is hereby issued. The standard is divided into 14 chapters, including: scope, terminology and definitions, site selection and plant environment, plant and workshop, facilities and equipment, health management, food raw materials, food additives and food-related products, food safety control of the production process, inspection, storage and transportation of food, product recall management, training, management system and personnel, records and document management. Appendix microbiological monitoring procedures for food processing guidelines for food production process is more difficult to control the microbial contamination factors, to provide food manufacturers with a strong guidance for the establishment of monitoring procedures guide.