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Can I sell products without a trademark?

Legal analysis: 1. Products without trademarks can be sold, except for goods that must use registered trademarks according to national regulations.

2. A registered trademark can be used in production, sales and other business activities, but the user does not have exclusive rights to the trademark and cannot prohibit others from using it.

3. However, it should be noted that according to Article 6 of my country’s Trademark Law: “For goods that are required to use registered trademarks by the state, they must apply for trademark registration. If the registration is not approved, they shall not be registered. For sale on the market. "The products that are required to use registered trademarks by the state refer to the products that are required to use registered trademarks according to laws and administrative regulations. Currently, the only two categories of products that are required to use registered trademarks are human medicines and tobacco products.

4. If it has been registered, it cannot be used. Use will constitute infringement. It is recommended to register the trademark.

What are the trademark infringements?

(1) Using an identical or similar trademark on the same or similar goods without the permission of the trademark registrant may cause confusion.

(2) Selling goods that infringe registered trademark rights;

(3) Counterfeiting, making without authorization trademarks that are identical or similar to others’ registered trademarks, or selling counterfeit , Manufacture without authorization the same or similar logo as the registered trademark of others;

(4) Without the consent of the trademark registrant, replace the registered trademark and put the goods with the replaced trademark into the market;< /p>

(5) Using a mark that is identical or similar to another’s registered trademark as a trade name or product decoration on the same or similar goods to mislead the public;

(6) Intentionally Infringing upon the trademark rights of others by providing convenient conditions such as warehousing, transportation, mailing, concealment, processing, production tools, production technology or business premises;

(7) Using words that are identical or similar to others’ registered trademarks As an enterprise's trade name is used on the same or similar goods, or used in other ways to highlight its identification function, it is easy for the relevant public to misunderstand it;

(8) Copying, imitating, or translating others' registrations A well-known trademark or its main part is used as a trademark on different or dissimilar goods, misleading the public, causing the interests of the registrant of the well-known trademark to be potentially damaged;

(9) Registering with others Texts with the same or similar trademarks are registered as domain names, and relevant product promotions or e-commerce transactions of goods are carried out through the domain names, which may easily cause misunderstandings among the relevant public.

(10) Causing other damage to others’ exclusive rights to registered trademarks.

Legal basis: "Trademark Law of the People's Republic of China" Article 35 If an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the opponent and the person being opposed. , after investigation and verification, a decision will be made on whether to approve registration within twelve months from the expiration of the announcement period, and the opponent and the objected party will be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law. If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party. During the review process in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the review if the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. After the reasons for the suspension are eliminated, the review process should be resumed.