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OEM Not Definitely Trademark License



OEM is trademark licensing? If the trademark owner disagrees to sub-license trademarks, whether the licensee may seek for an OEM for manufacturing trademarked products? Whether an OEM may take legal actions against trademark infringement?
 
Under the Trademark Act of Taiwan, the exclusive licensee is entitled to claim damages or take any other legal actions against trademark infringement. The Trademark Act is silent on the definitions of trademark license or OEM. It is sometimes an issue whether OEM is definitely equivalent to trademark license.
 
The Intellectual Property Court indicates the difference between OEM and trademark license in a 2016 civil judgment concerning a trademark license dispute. The IP Court held that a trademark license may sell the licensed products in its name after the products are manufactured while an OEM should deliver the finished products to the trademark owner or its licensee. OEM is not entitled to sell the products in its name.
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