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Do products need to have a trademark before they can be sold in the market?

It is not necessary to use a trademark on goods. Whether to use a trademark should be decided by the parties themselves. However, for goods that must use a registered trademark according to laws and administrative regulations, they must apply for trademark registration. If the registration is not approved, the trademark shall not be used. For sale in the market. The goods that must be sold using trademarks according to the law are mainly tobacco and pharmaceuticals for human use. Except that these two types of goods must have registered trademarks for sale, there is no mandatory requirement for trademark registration for other goods.

Legal Analysis

Trademarks distinguish different producers and operators. Only with trademarks can consumers accurately purchase the products they like and trust. At the same time, it can be more convenient for operators. Good at selling your own products. Therefore, it is very important to give your products a resounding trademark. At the same time, you currently need to provide a registered trademark certificate before entering an online mall or supermarket. Currently, there are two main categories of goods subject to compulsory registration of trademarks: First, human medicines. Human medicines refer to proprietary Chinese medicines, including medicated wine, chemical raw materials and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum vaccines, and blood products. and diagnostic drugs, etc. The second is tobacco products. Tobacco products refer to cigarettes, cigars and packaged tobacco. These two types of commodities are closely related to people's lives and directly involve people's health. If compulsory registration is not implemented for these two types of commodities, it will inevitably be easy for units and individuals who do not have the production conditions to produce such commodities, endangering people's health. Therefore, the state It is stipulated that these two types of goods must be compulsorily registered. Applicants for drug trademark registration must attach certification documents issued by the health administrative department. When applying for trademark registration for cigarettes, cigars and packaged cut tobacco, documents approving production from the national tobacco authority should be attached. Products that must be sold using a trademark as stipulated by law cannot be sold on the market without a registered trademark.

Legal Basis

"Trademark Law of the People's Republic of China" Article 6 For goods that must use registered trademarks according to laws and administrative regulations, you must apply for trademark registration. Without approval, Registered products shall not be sold in the market.