The following situations often arise in labeling disputes:
1, the customized party is not the legal trademark rights, neither the trademark owner, nor the trademark right to use. In this case, the labeling production enterprises, if the lack of self-protection awareness, did not make a reasonable review of the obligation, did not require the customized party to provide trademark ownership certificate or trademark right to use the relevant proof, there is bound to be a great risk of infringement of trademark rights, involved in the infringement of counterfeiting other people's trademarks in the production of goods. If the behavior of the custom-made party constitutes infringement, then the labeling manufacturer is jointly and severally liable for compensation.
2. The licensee allows the labeling company to produce and sell goods under the target trademark. Sometimes, the licensee permits the licensee to use its own trademark, and collects trademark royalties from it, instead of paying processing fees and other expenses. In this case, the labeling enterprise is actually the producer and seller of the products attached to the target trademark, the labeling contract is transformed into a trademark license contract, and the processor actually becomes the licensee of the trademark. Once the two sides of the cooperative relationship changes, OEM enterprises should be in accordance with the trademark licensing procedures for the record, otherwise it is easy to violate the provisions of the law. Sometimes OEM enterprises, although the consent of the finalized party and entered into a trademark license contract, but in the market sales, not in the packaging of products marked with their factory name and address, also violates the corresponding legal provisions.
3, labeling production enterprises without the authorization of the party, unauthorized sales of labeled products. Sometimes, on the one hand, not only continue to require the authorization of the manufacturer to produce labeled products on the one hand, and at the same time commissioned labeled production enterprises to sell labeled products, the two sides signed a separate commissioned sales contract. In the finalized party allows labeling production enterprises to sell labeled products, the two sides have formed a new production and sales relationship, the labeling production enterprises should be in the scope of the license and the number of sales, otherwise not only constitutes a breach of contract, but also constitutes a trademark infringement. If there is no license to sell the labeled products without authorization, it constitutes a trademark infringement.
4, the labeling manufacturer did not follow the provisions of the labeling. Trademark Law, Article 26, paragraph 2 of the provisions of the "licensed use of other people's registered trademarks must be used in the use of the registered trademark of the goods marked with the name of the licensee and the origin of the goods", which requires that the labeling production enterprises according to the requirements of the labeling of their own name and origin of the goods, otherwise it will also be a violation of the provisions of the law.