The judicial thinking and the legal nature of involved behavior patterns of trademark infringement of“domestic processing-overseas sales”have yet to be clarified. These cases apply the“three-step”judicial thinking. First, it is clear whether or not the trade model in case belongs to OEM. Second, applying the“behavior and effect of trademark use”dichotomy to determine whether the behavior pattern in the case is trademark use and whether there is likelihood of confusion. Third, applying the same clause to assess whether the case produce other“material harm”. All behavior patterns are trademark use, but their infringement established or not is different. By analyzing typically, the principle that the“domestic processing-overseas sales”does not infringe on trademark right and exception of that are“export to domestic sales”“harmful relevant facts”and“non-OEM”should be established in practice.