OEM is a type of Export Brand Manufacture. Firstly, the court distinguishes the OEM from other types of Export Brand Manufacture through the“reasonable attention obligation”, but in fact there is no direct legal basis for the reasonable attention obligation. Secondly, from the purpose of explaining and maintaining the unification of judicial practice, it is more appropriate to determine that the Export Brand Manufacture does not constitute the trademark use. Besides, based on the principle of the independence of the trademark protection, the recognition function does not play in the territory of the country so it will not lead to confusion as well as substantial damage, and therefore, in principle, Export Brand Manufacture which similarly exported products to overseas logically does not constitute trademark infringement. In the end, if the consignor and manufacturer infringe on the rights and interests of the domestic trademark owners in the overseas relevant jurisdictions, the domestic courts may safeguard the legitimate rights and interests of the domestic trademark owners according to private international law.