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Is a brand without trademark a three-no product?
In our daily life, the "Three No's" products will do great harm to people's health, and even do some damage to people's financial health, so we need to have a certain understanding and understanding of this aspect. Then the following information is compiled for you about whether a brand without a trademark is a three-no product, hoping to help you. 1. Is a brand without a trademark a three-no-product? Three-no-product means no production date, no quality certificate (or production license) and no name of the manufacturer. Without a trademark, it is not necessarily a three-no-product, depending on the actual situation. There are great differences in the value of products of the same quality from the origin, brands and non-brands First-class enterprises make standards, second-rate enterprises make brands, and third-rate enterprises make products. In other words, first-class enterprises sell brands, second-rate enterprises sell technology, and third-rate enterprises sell products. Products are what factories produce, and brands are what consumers buy. Products can be imitated by competitors, but brands are unique. Products are easily out of date, but successful brands can last forever. There is a great difference in value between brand and non-brand products of the same quality. Second, how many times is the compensation for fake and shoddy products? 1. The premise of whether personal, property or other damage is ten times the compensation. First of all, from the perspective of legislative intent and social effect, the purpose of the food safety law is to ensure food safety, protect public health and life safety. If it is based on other damage consequences such as life or property, it will not be conducive to maintaining good market order and punishing counterfeiters, which is contrary to the original legislative intent. Secondly, consumers who buy fake and shoddy products have actually paid the price without getting the corresponding return, and have already suffered the price loss, which should belong to the scope of the producers and sellers who are liable for compensation according to the first paragraph of Article 96 of China's Food Safety Law. Therefore, as long as there is the act of making and selling fake goods, it will have an impact on the food safety environment of the whole society, and even if it does not cause other damage consequences, it can support ten times compensation. 2. Identification of "the seller knows" In the case that the status of the seller and the consumer is obviously unequal, it is very difficult to ask the consumer to prove that the seller knows. Article 5 of the State Council's Special Provisions on Strengthening the Safety Supervision and Management of Food and Other Products clearly stipulates: "The seller must establish and implement the incoming inspection and acceptance system, verify the supplier's business qualifications, verify the product qualification certificate and product identification, and establish a product purchase ledger to truthfully record the product name, specification, quantity, supplier and their contact information, purchase time, etc ..... The storage period of the purchase ledger and sales ledger shall not be less than 2 years." Article 39 of the Food Safety Law clearly stipulates this special obligation of food operators again. It can be seen that the seller has the obligation to check whether the product is qualified and the supplier. If the seller can't prove that he has fulfilled the above obligations, he can be presumed to know. Therefore, the seller here knows that the burden of proof should be reversed, that is, the seller proves that he does not know, otherwise he is presumed to know and bear adverse legal consequences. 3. Identification of "Non-compliance with food safety standards" China's current law has provisions on food safety standards in the fields of industrial and commercial law enforcement and criminal offences, but there are no specific provisions on who should identify and how to proceed in civil litigation. Therefore, from the perspective of consumer protection and market economic order, the standard should be interpreted in an expanded way. As long as consumers provide evidence to prove that it is a fake and shoddy product, it is presumed that it does not meet the food safety standards, and the demand for ten times compensation should be supported. If producers or operators want to resist this claim, they need to prove that their products meet food safety standards. Third, what should I do if I buy fake and shoddy goods? 1. First of all, you should take the goods and related bills to the store to negotiate and explain the situation. Generally speaking, if you buy goods for a short time, the store will repair, replace or return them in accordance with relevant state regulations. In the process of negotiation, if the salesperson at the counter can't handle this matter properly, you can report it to the person in charge of the store. If the person in charge of the store can't handle it correctly, you can also find the superior department in charge of the store. According to experience, after doing this, general problems can be solved reasonably. If it is useless to negotiate with the store, it is useless to report to its superior competent department. Consumers can then report to the technical supervision department and the industrial and commercial administration department. These departments are responsible for the supervision and management of commodity quality, and they will help you solve the problem as soon as possible. If you find it inconvenient to report it to the government, you can also report it directly to the consumer association. Consumers' associations are consumers' own organizations, and it is their duty to supervise goods and services, protect consumers' interests, guide people's consumption and promote the development of socialist commodity economy. You complain to the consumer association, and the consumer association will be duty-bound to help you solve the damaged problem. If consumers feel that they have suffered great damage, they can also bring a lawsuit directly to the people's court and solve the problem through legal procedures. 2. Don't worry if you buy counterfeit goods. You can bring counterfeit goods and related bills to the national technical supervision department or the administrative department for industry and commerce and ask them to investigate and deal with them to help you recover the lost payment. If you suspect that you have bought counterfeit goods, you should first ask relevant experts from the above two departments or genuine manufacturers to help you identify them and make sure they are counterfeit goods before handling them. If a local consumer association has been established, consumers can also directly report to the consumer association and ask them to help identify and investigate, so as to stop the manufacture and sale of counterfeit goods in time. In short, if consumers find that they have bought counterfeit goods, they must not admit that they are unlucky, but should report to the relevant departments in time, so that counterfeit goods can have no place to stand, which not only protects the interests of consumers, but also maintains the normal economic order of society. I believe that after reading the above introduction, you should know more or less that "three no products" means no production date, no quality certificate (or production license) and no manufacturer name, and no trademark is not necessarily a "three no products", depending on the actual situation. The above is the relevant content about whether the brand without trademark is a three-no product, and I hope I can help you.