Is OEM illegal? It depends. If the OEM manufacturer has obtained the permission of the trademark registrant and signed a licensing agreement, OEM is not illegal; If it is produced by OEM without permission, it is an infringement of the exclusive right to use a registered trademark, which is illegal. I have sorted out the legal knowledge related to illegal food OEM sales for everyone. Let's take a look at it together. I believe it will help you. First, is it illegal to sell food by OEM? OEM production, the two sides signed an agreement to OEM production, which is legal. OEM refers to the production of products and product accessories by one manufacturer according to the requirements of another manufacturer. It is also called OEM or authorized OEM. It can represent outsourcing processing or subcontracting processing. Commonly known as generation processing. OEM means that the merchants do not produce themselves, but entrust other production enterprises to produce, and the brand is their own. Entrust OEM enterprises to be responsible for R&D, design and market development. The advantage of this method is that dealers can work out the most appropriate marketing plan according to their own actual situation, and when problems or changes occur in the plan or market, they can adjust the plan and formulate countermeasures as quickly as possible. At the same time, the profit space can be mastered by themselves, avoiding many troubles such as different opinions of manufacturers, and responding calmly with the fastest response and highest efficiency in complex and changeable business wars, while manufacturers can make full use of their own resources, thus achieving the purpose of improving efficiency. This way can truly complement each other and achieve a win-win situation. Article 57 of the Trademark Law: Any of the following acts is an infringement of the exclusive right to use a registered trademark: (1) Using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (5) Deliberately providing convenience for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others. Second, what is OEM, also known as OEM and OEM, which was first popular in developed countries such as Europe and America. It is a game rule for large international companies to find their own comparative advantages, which can reduce production costs and increase brand added value. Third, who should bear the responsibility for the quality of OEM products, and whether the product quality responsibility should be borne by the brand or by the entrusted party, there are also different views in theory and practice: the first view is that the entrusted enterprise should bear the responsibility for product quality, on the grounds that the batch of products are marked with the long name and address of the entrusted enterprise, and consumers buy and use the products out of dependence on the brand of the enterprise and recognition of product quality. The second view is that as long as it is an OEM product, the entrusted party should bear the product quality responsibility, because the actual producer of the unqualified OEM product of the entrusted party is the first person in charge of the product quality responsibility. Only by emphasizing the product quality responsibility of the actual producer can we better strengthen the product quality supervision and management, effectively improve the product quality level and safeguard the legitimate rights and interests of consumers. The third view is that entrusted production is a special mode of production, and the enterprise marked on the product should not be simply identified as the main body of responsibility. However, when a specific case is analyzed, such as first examining the rights and obligations of both parties stipulated in the entrusted production contract, if the product quality defects are caused by the selection of product quality standards, raw material formulas, testing methods, production processes and other factors provided by the entrusting party in the contract, then the entrusted enterprise should bear the resulting product quality responsibilities, and the entrusted producer should be exempted from this; If the product's nonconformity is caused by the principal's reasons, such as poor control of product quality standards, wrong operation of production technology, poor management and other reasons, then the entrusted enterprise shall bear the product quality responsibility caused by this. (See Legal Risks and Countermeasures of Product Quality Liability by Jasmine Zhang, etc.) The fourth view holds that any enterprise, organization or individual that embodies its name, trade name, trademark, name or other identifiable marks on the product and packaging indicates that it is a product manufacturer is a "producer" as stipulated in the General Principles of the Civil Law of the People's Republic of China and the Product Quality Law of the People's Republic of China. If the unqualified products or packages are only marked with the names of the entrusting party or the entrusted party, the entrusting party or the entrusted party shall be solely responsible for the product quality; if the names of the entrusting party and the entrusted party are marked at the same time, both parties are manufacturers, and * * * shall be jointly and severally responsible for the product quality. The above is the related content about whether it is illegal to sell food by OEM. Through the above introduction, it is illegal to sell food by OEM without permission, and it is legal with the permission of the trademark owner.