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Can products be sold directly after being trademarked?

Some products require other procedures before they can be sold on the market. Trademarks are not a big problem. In fact, trademarks can be used without registration, as long as they do not infringe on other people’s exclusive rights to registered trademarks. Only unregistered trademarks are not protected by law.

Legal Analysis

Products can be sold as long as they have obtained relevant permissions. Failure to obtain relevant permissions may constitute an illegal business crime. The object of illegal business crime should be the market order. Objective aspects include operating franchises, monopoly items or other restricted items without permission, buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated in laws and administrative regulations, and engaging in other illegal operations. Activities, disrupting market order, and serious acts. It is mainly the unauthorized operation of franchised and exclusive items or other restricted items that are stipulated in laws and administrative regulations. In order to ensure the normal order of the market, China has implemented restrictions on the trading of some materials related to the national economy and people's livelihood, people's lives, health and safety, and public interests. Only after approval and obtaining a business license can we engage in business activities such as acquisition, storage, transportation, processing, wholesale, and sales. It is illegal to operate without approval. The so-called restricted items refer to items that are not allowed to be freely bought and sold in the market according to regulations, such as important means of production and in-demand consumer goods that are not allowed to be freely bought and sold by the state, and items that are operated by specialized units designated by the state, such as tobacco monopoly, foreign exchange, gold and silver. and its products, gold and silver handicrafts, jewelry and precious medicinal materials, etc.

Legal Basis

Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China Violates national regulations, commits one of the following illegal business activities, disrupts market order, and the circumstances If the case is serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income. Or confiscation of property: (1) Operating franchises, monopoly items or other restricted items stipulated in laws and administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other laws and administrative regulations. business license or approval document; (3) illegally operating securities, futures, and insurance businesses without approval from relevant state authorities, or illegally engaging in fund payment and settlement business; (4) other illegal business activities that seriously disrupt market order .