The author researched the main opinions to judge the infringement of trademark in OEM basing on the practical cases. And he analyzed the legal issues including the fundamental factor in the determination of trademark inf ringement and the meaning of the use of the trademark. He also considered the other issues including the main party in trademark infringement disputes， the regionality of the trademark and the international work division and cooperation. So he concluded that a person who made the application of the law in these disputes should consider three aspects:(1) the reasonable explanation of the article 52 (1)of Chinese trademark law，(2) the connection of the administrative remedy of and judicial remedy，(3)different solution according to the dif erent conditions in the practical case.