1. Can products without barcodes be sold?

1. Can products without barcodes be sold? According to the relevant laws of our country, as long as the food meets the relevant conditions and passes the inspection, it can be sold without a barcode. Barcodes are not a necessary condition for selling food.

2. Legal basis: Article 35 of the "Commodity Barcode Management Measures"

If the manufacturer identification code and corresponding product barcode are used without approval and registration, other products shall be used on product packaging. Anyone whose barcode impersonates a product barcode or forges a product barcode, or uses a canceled manufacturer identification code and corresponding product barcode, shall be ordered to make corrections and fined not more than 30,000 yuan.

Article 36

If the commodities distributed are printed with commodity barcodes that have not been approved for registration, filing or counterfeit, they shall be ordered to make corrections and fined not more than 10,000 yuan.

Article 37

If a seller charges improper fees such as store entry fees from suppliers in the name of product barcodes, the supplier may request a refund in accordance with the law.

2. What are the elements for determining trademark infringement

1. There must be illegal behavior, that is, the perpetrator has sold counterfeit registered trademark goods;

2. There must be a fact of damage, which means that the perpetrator’s behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property loss or damage to goodwill, it is a fact of damage;

3. The illegal actor is subjectively at fault, which means that the actor is already aware of the fact that the goods sold are goods with counterfeit registered trademarks. Or should know;

4. There must be a causal relationship between the illegal act and the damage, that is, there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.