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What if I buy a product without a trademark?
Although trademark registration is voluntary, the trademark used cannot infringe others' trademarks, and if a trademark is not registered, it will not have its ownership, so we need to have a certain understanding and understanding of this aspect. I. What should I do if I buy a product without a trademark? In China, except for tobacco products, which must use a registered trademark, all other commodities are subject to the principle of voluntary registration of trademarks, which means that they can be bought and sold without a trademark. It is not illegal to sell goods without trademarks, but goods that enter supermarkets or other shopping malls for sale must have registered trademarks. 2. Products that must be registered trademarks What drugs that must use registered trademarks include Chinese patent medicines (including medicinal liquor), chemical raw materials and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum vaccines, blood products and diagnostic drugs; Tobacco products include cigarettes, cigars and packaged cut tobacco. 1. Trademark use of drugs The original Article 41 of China's Drug Administration Law stipulates: "Except Chinese herbal medicines and Chinese herbal pieces, drugs must use registered trademarks; If it is not approved for registration, it may not be sold in the market. " 2. Trademark use of tobacco products Regarding the trademark use of tobacco products, Article 2 of China's Tobacco Monopoly Law stipulates that cigarettes, cigars and packaged cut tobacco must apply for trademark registration. Without approval and registration, they may not be produced or sold. Regarding the use of trademarks and characters for cigarettes and cigars, the State Tobacco Monopoly Bureau and the State Administration for Industry and Commerce stipulate that: (1) All cigarettes and cigars must use registered trademarks, and the words "registered trademarks" shall be marked. Cigarettes and cigars are not allowed to be produced and sold without the approval of the Trademark Office. (2) The trademark name, commodity name and enterprise name shall be indicated in Chinese characters on the front of the packets and cartons of cigarettes and cigars, and hanyu pinyin or others may also be used as a foil. Joint venture products and producer products shall indicate the names of the production enterprises and producer enterprises in Chinese characters. (3) The packaging of cigarettes and cigars must comply with the regulations: if the package is a simple package of moisture-proof gray paper, the trademark name should be indicated on the heads on both sides in Chinese characters; The graphics of cigarettes, cigars, strips and packages packed in hard strips are consistent with the registered graphics and colors of small boxes and skins, and can be used without going through registration procedures. If the graphic of the strip package is inconsistent with the registered trademark of the small box cover, the strip package shall be registered as a trademark according to its graphic; As a series of trademarks, cigarettes packed in hard strips are registered, and each small package has a scene, so you can apply for registration according to 1 trademarks. If the bag pattern is the same as that of one of the small bags, it is not necessary to apply for registration; If the pattern of strip package is different from any of the patterns of 1 small boxes, the pattern of strip package should be applied for registration as a trademark; A registered trademark that is no longer used by a cigarette factory shall go through the trademark cancellation formalities with the Trademark Office in time; Cigarettes and cigars that do not meet the above requirements are not allowed to enter the market. Third, can unregistered trademarks be used? Without registered trademarks, there is no legal protection, and it is still yourself who suffers. However, there is no legal restriction on the use of unregistered trademarks, but the scope and intensity of legal protection are relatively small. After the registration of a trademark, there is no hard and fast rule in most countries whether it is necessary to add a registration mark, but it can promote and protect the trademark after adding it. Adding registration marks to trademarks can attract consumers' attention and play a prominent role in trademarks. With the registration mark, unscrupulous businessmen know that the trademark has been registered, and they will be worried about counterfeiting again. However, some countries stipulate that the trademark has been registered with local characters or marks. If it is not marked, once the trademark is infringed, the registration authority and the court will not accept it. Most countries in the world are not allowed to add the mark of "registered trademark" before the trademark is approved for registration, even during the examination and approval of the trademark. Otherwise, it is said that it is an act of impersonating a registered trademark, deceiving consumers and the goods will be stopped from selling. I believe that after reading the above introduction, you should know more or less that in our country, except for tobacco products, which must use registered trademarks, other commodities are subject to the principle of voluntary registered trademarks, that is to say, they can also be bought and sold without trademarks. The above is about what to do if you buy a product without a trademark. I hope I can help you.