1. Article 54 of the "Drug Administration Law" stipulates that pharmaceutical packaging must be printed or affixed with labels and instructions in accordance with regulations. The label or instructions must indicate the drug's generic name, ingredients, specifications, manufacturer, approval number, product batch number, production date, validity period, indications or functions, usage, dosage, contraindications, adverse reactions and precautions. The labels of narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, external drugs and over-the-counter drugs must bear the prescribed logo. According to this provision, if the trademark used as a drug name belongs to the company itself and the outer packaging fully complies with this provision, then this is the company’s own business behavior and does not violate any law; if the outer packaging does not comply with this provision, , it should be treated as counterfeit medicine.
2. Article 6 of the "Trademark Law" stipulates: Goods that are required to use registered trademarks under laws and administrative regulations must apply for trademark registration. If the registration is not approved, they may not be sold in the market.
3. Article 13 of the "Trademark Law" stipulates: If a trademark applied for registration for the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered. Registration and use prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited.
Supplement: If the ownership of the trademark used as a drug name does not belong to the company itself, then the company has constituted trademark infringement, and the infringed party should file a claim and be punished by the industrial and commercial administration department. .